The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about damage to his vehicle resulting from a pothole in the road. This is because it would be reasonable for Mr X to make a claim against the Council at court.
The complaint
The complainant, Mr X, complains the Council has not accepted liability for damage which occurred to his car when he drove over a pothole.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Whether the Council is liable for the damage to Mr X’s car is a legal issue. The law requires the Council to maintain public highways but it also provides the Council a statutory defence against claims for damage to vehicles resulting from potholes in certain circumstances. It is for the courts to decide whether this statutory defence applies and it would not be appropriate for us to deny the Council the opportunity to use it.
If therefore Mr X believes the Council is responsible for the damage to his car, and if he wishes to claim compensation for the damage, it would be reasonable for Mr X to make a claim against it at court.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman