The Ombudsman's final decision
Summary: We will not investigate Mr X’s claim for damages to his car. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is reasonable to expect Mr X to take his claim to court.
The complaint
In summary, Mr X holds the Council liable for damage caused to his car suspension and a tyre by a pothole. Mr X would like the Council to reimburse him for the cost of the repairs.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 investigate because the matter of liability for damages is usually decided in the courts. It is reasonable for Mr X to take the matter to the small claims court. The court is best placed to decide if the Council is liable for the damage and if Mr X is entitled to claim the costs requested.
Final decision
I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide the Council’s liability for his claim.
Investigator's decision on behalf of the Ombudsman