The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that his car was damaged by a width restriction which the Council had not clearly signed. This is because it is reasonable for Mr B to pursue his compensation claim by taking the Council to court.
The complaint
Mr B complains his vehicle was damaged by a width restriction. Mr B says the Council had failed to put in place sufficient signage and markings to alert motorists to this width restriction. Mr B complains the Council has wrongly refused his compensation claim for his repair costs which were over £1,100.
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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not normally investigate a complaint that a person’s vehicle has been damaged as a result of a local highways authority not maintaining a highway safely. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
Mr B may pursue his claim by taking the Council to court. Deciding whether an organisation has been negligent usually involves looking rigorously, and in a structured way at evidence as only the court can to make its findings.
Only the courts can decide if the Council has been negligent, and if so, enforce an award of damages.
So, I would usually expect someone in Mr B’s position to seek a remedy in the courts. I find it is reasonable and proportionate to Mr B’s repair costs for Mr B to do this.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman