The Ombudsman's final decision
Summary: We will not investigate this complaint about a compensation claim as this is a matter for the courts.
The complaint
Mr X complained the Council was negligent in not gritting a road which he says led to his motorbike crash. Mr X wants the Council to pay him compensation for this.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot determine if the Council is legally liable for the damage caused to Mr X’s motorbike or if it should pay him compensation. Only the courts can decide such damage claims and there is a process open to anyone to pursue such a claim. It is reasonable to expect Mr X to resort to court action for the compensation he seeks, and as this is not an outcome we can achieve, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because he can got to court for the compensation he seeks.
Investigator's decision on behalf of the Ombudsman