The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his claim for damages after his car was damaged when it hit a pothole. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.
The complaint
The complainant, whom I shall call Mr X, complains the Council has refused his claim for damages after his car was damaged when it hit a pothole.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X submitted a claim for damages to the Council after his car was damaged when it hit a pothole.
The Council has considered the claim. It denied liability and explained the reasons for its decision.
We will not investigate this complaint. This is because it is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim or make a ruling on whether the Council has been negligent. Only the courts can make a ruling on whether Mr X’s claimed losses have been caused by negligence by the Council and, if so, whether it should award any damages Mr X seeks. It is reasonable to expect Mr X to use his right to make his claim in the courts if he wishes to pursue his claim further. Making a claim in the small claims court is a simple, low cost and straightforward process.
Final decision
We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide.
Investigator's decision on behalf of the Ombudsman