The Ombudsman's final decision
Summary: We will not be investigating this complaint about damage caused to Miss X’s car due to the poor condition of a road. This is because it is reasonable to expect Miss X to go to court to decide if the Council is liable for her claim for damages.
The complaint
In summary, Miss X says the poor state of a road caused damage to her car.
She would like the Council to reimburse her £170 for the cost of new tyres. She would also like £100 for her time and trouble take in pursuing her claim.
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. And it is reasonable for Miss X to take the matter to court. The court can decide liability and if Miss 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. This is because it is reasonable to expect Miss X to go to court to decide the Council’s liability for her losses.
Investigator's decision on behalf of the Ombudsman