The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about damage caused to Mr X’s car arising from a pothole. This is because it is reasonable to expect Mr X to go to court to determine any liability owed by the Council.
The complaint
In summary, Mr X says Council failure to repair a pothole on a public road caused him to suffer over £400 damage to his car. He would like to be reimbursed.
The Ombudsman’s role and powers
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
I will not exercise discretion to investigate because the matter of liability and any damages owed is usually decided in the courts. It is reasonable for Mr X to take the matter to court. The court can decide liability and if Mr X is entitled to claim the costs of repairs to his car.
There is a simple procedure in the county court for dealing with small claims.
Final decision
I will not exercise discretion to investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liabilities owed for the damage.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman