Essex County Council (24 017 216)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 18 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a claim for damages as this is a matter for court.
The complaint
- Mr X complains he was involved in a road traffic accident due to, he says, there not being adequate road signs/markings at the location. Mr X seeks compensation from the Council for his financial losses arising from the accident, as he holds it responsible.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot determine compensation claims such as Mr X’s. These can only be determined in court as only a court can decide whether the Council was negligent and so legally liable for what happened to Mr X. There is a relatively simple and low-cost procedure open to anyone to make a money claim in court and it is reasonable to expect Mr X to take such action for the compensation he seeks.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to take court action for the compensation he seeks.
Investigator's decision on behalf of the Ombudsman