Summary: We will not investigate this complaint about the Council's rejection of a pothole damage claim as it is reasonable to expect the complainant to resort to court action for the compensation he seeks.

The complaint

1. Mr X complains about the Council’s decision to reject his pothole damage claim. Mr X considers the Council is fully liable for the cost of the repairs and his expenses. Mr X wants us to hold the Council accountable for these costs.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We are not empowered to decide whether an organisation has been negligent and have no powers to enforce an award of damages. Only a court can do this. There is a relatively simple and low cost process available to Mr X to take such court action, either directly or through his insurers. It is reasonable to expect Mr X to do this and so we will not investigate.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because It is reasonable to expect him to take court action for the compensation he seeks.

Back to top

Investigator's decision on behalf of the Ombudsman