Source · LGO (Local Government & Social Care Ombudsman)

London Borough of Barnet

LGO (Local Government & Social Care Ombudsman) Other Reference 25-008-281 Sector Transport And Highways Category Highway Repair And Maintenance Decided 31 August 2025

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Full decision

The Ombudsman's final decision

Summary: We will not investigate Ms X’s complaint that her car was damaged by a pothole. This is because it is reasonable for Ms X to pursue her claim for expenses and repair costs by taking the Council to court.

The complaint

Ms X complains the Council failed to maintain the road properly and says her car was damaged by a pothole. She wants the Council to reimburse her expenses and repair costs.

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 Act 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 Ms X and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Section 41 of the Highways Act 1980 places a duty on highway authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary.

Ms X says her car was damaged by a pothole because the Council failed to maintain the road. She reported the incident to the Council and asked for compensation.

The Council considered Ms X’s claim for expenses and repair costs. It offered to pay for the tyre but did not accept that it was liable for the damage to the car’s bodywork.

We cannot decide whether the Council has complied with its duty under Section 41 of the Highways Act. Any dispute about the Council’s liability for the damage is for the courts. Ms X may purse her claim by taking the Council to court and I have seen nothing to show it would be unreasonable to expect her to do so. For these reasons, we will not investigate this complaint.

Final decision

We will not investigate Ms X’s complaint because it is reasonable for her to pursue her claim for expenses and repair costs by taking the Council to court.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving London Borough of Barnet

Reference Date Summary Outcome
25-018-611 Other
25-008-117 Not Upheld
25-001-939 Other
25-022-201 Other
25-018-992 Other
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