The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to the complainant’s car by a pothole on the public highway. This is because it is reasonable for the complainant to take his claim for financial loss to the courts.
The complaint
In summary, Mr X says a pothole caused damage to his car.
He would like to be reimbursed the £159.58 cost of repairs required to his car.
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 investigate because the matter of liability for damages 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 incurred. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.
Final decision
I will not investigate as it is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim for damages.
Investigator's decision on behalf of the Ombudsman