The Ombudsman's final decision
Summary: We will not investigate this complaint about damage caused to Mr X’s vehicle by a pothole. Such matters are really negligence claims, and it is reasonable therefore for Mr X to refer the matter to the small claims court.
The complaint
Mr X complained about damage caused to his vehicle by a pothole. He said the Council has failed to respond to his claim within a reasonable time, despite him chasing. He said repairs have cost him £140, which is a significant amount in his circumstances, and he missed education while his car was unusable. He wants the Council to compensate him for the cost of repairs and the delays, and make service improvements.
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
We will not normally investigate complaints about damage to vehicles from potholes, because they are really negligence claims. Only the courts can decide a council has failed to maintain a highway and is liable to pay compensation. The small claims process is relatively straightforward, and fees can be waived for those on a low income. It is reasonable for Mr X to refer the matter to court.
Investigator's decision on behalf of the Ombudsman