The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not filled in a pothole Miss X reported to it as this does not cause her a level of injustice sufficient to warrant our further involvement.
The complaint
Miss X complains the Council has failed to fill in a pothole where she had an accident which broke her ankle. Miss X has made a compensation claim for this but wants the Council to fill in the pothole.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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
Miss X reported the pothole to the Council but in response it said there was no such defect at the location. Miss X says the Council is wrong; that it should acknowledge the pothole and fill it in.
The injustice to Miss X from the pothole is the injury she sustained. Whether the Council is legally liable for this is a matter that ultimately only the courts can determine. We are not empowered to make such rulings. It is open to anyone to make a money claim in court or Miss X could seek the help of a solicitor, some of whom take on such cases on a ‘no win, no fee’ basis. We would therefore not investigate.
I recognise that Miss X is unhappy as she says the Council has not filled in the pothole, but this, in itself, does not cause her a level of injustice that would warrant our involvement.
Final decision
We will not investigate Miss X’s complaint because there is insufficient injustice caused to her to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman