The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council handled a pothole claim. The claim itself is a matter for the courts, and it is not a good use of public resources to only investigate how the Council handled the claim.
The complaint
Mr X complained the Council failed to compensate him for damage to his vehicle, allegedly caused by a pothole. He said it relied on factually incorrect evidence, delayed, failed to follow its procedures and failed to address all points he raised. He said the matter caused significant inconvenience and he paid £174 to replace a damaged tyre. He wanted the Council to reimburse him for this and review how it handles pothole claims.
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
Mr X says the Council failed to handle his liability claim properly. He cites various issues including delays and failure to follow procedures. Mr X says he should not have to go to court to get answers on these matters.
We will not normally investigate complaints about damage to property because these are really negligence claims. The courts are best placed to consider these matters, and we cannot determine liability or assess economic losses. The small claims court process is relatively straightforward and fees are relative to the amount claimed. There is not a good reason for us to consider the claim itself.
While we expect councils to deal properly with liability claims, we will not normally investigate a complaint they have not done so. It is not a good use of public resources to consider how a Council has dealt with a claim when we are not investigating the substantive matter of the claim itself.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use his right to refer the matter to the courts, and it is not a good use of public resources to consider how the Council handled the claim in isolation.
Investigator's decision on behalf of the Ombudsman