The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in deciding a compensation claim for pothole damage as ultimately this is a matter for the courts.
The complaint
Ms X complains that she has been waiting since January 2024 for a decision on her claim to the Council for compensation after her car was damaged by a pothole. Ms X wants the Council to pay for the cost of her repairs.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide any fault has not caused significant injustice to the person who complained, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The substantive injustice to Ms X is the cost of the repairs to her car. We cannot ask the Council to make this payment to Ms X as we cannot determine if the Council is legally liable for the damage. Ultimately, only the courts can do this, and it is open to Ms X to take such action for the compensation she seeks.
I recognise Ms X’s frustration from the delay in receiving a decision from the Council but in isolation, I do not consider this represents a level of injustice that would warrant our further involvement.
For these reasons, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because we cannot determine damage claims and so we cannot achieve the outcome she seeks. Any injustice from the delayed claim decision is not sufficient to justify our further involvement.
Investigator's decision on behalf of the Ombudsman