The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council rejected her claim for compensation following damage to her vehicle which occurred when she hit a pothole in the road. This is because it would be reasonable for Mrs X to make a claim against the Council at court.
The complaint
The complainant, Mrs X, complains the Council rejected her claim for compensation for damage resulting from her hitting a pothole on the road.
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 Mrs X’s representative, Mr Y, and the Ombudsman’s Assessment Code.
My assessment
Mrs X says she suffered damage to her car when she hit a pothole in the road. She made a claim to the Council for compensation but the Council refused it.
It is not for us to determine the Council’s liability for the damage to Mrs X’s car. If Mrs X believes the Council is liable it would be reasonable for her to make a claim against it through the courts. The law provides a specific defence against such claims and it would not be appropriate for us to deny the Council the opportunity to use it.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mrs X to make a claim against the Council at court.
Investigator's decision on behalf of the Ombudsman