The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance. This is because the insurers already involved, or the courts are better placed to consider the complaint.
The complaint
Mr Y complained the Council has refused his claim for the cost of repairs to his car and a replacement tyre after he drove over a pothole in the Council’s area.
Mr Y says he has already had to pay £270 to have the tyres on his car replaced and says further repairs, which he cannot afford are needed.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y drove his car over a pothole in the Council’s area in September 2022. He says this caused damage to his car. Mr Y went to report the pothole on the Council’s website and saw it had been reported the day before he had hit the pothole. He therefore did not repeat the report. He then realised that the other report had been for a different pothole on the same road but at a different point. He then raised a claim for the cost of the repairs to his vehicle in October. This was rejected by the Council in November, following which Mr Y approached us.
Analysis The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
We cannot determine liability claims for negligence or award damages. Consequently, any claim for damages, such as costs for repairs to his vehicle, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. Mr Y could consider approaching his own car insurer, who may be willing and able to challenge the Council’s current position, potentially at court. As there are other bodies better placed to consider the complaint, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the insurers already involved, and the courts are better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman