The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that his car was damaged by a pothole. It is reasonable to expect Mr X to pursue the matter in court.
The complaint
Mr X complains the Council failed to properly inspect and maintain a road, and that this resulted in his vehicle being damaged by a pothole. He wants the Council to reimburse the repair costs and to review its highway maintenance administration.
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 X.
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.
Mr X says the Council failed to properly maintain the road and this resulted in damage to his car. He made a claim for compensation to the Council, which the Council considered, but it did not accept that it is liable for the damage.
We cannot decide whether the Council has complied with its duty under Section 41 of the Highways Act and have no powers to enforce an award of damages. Any dispute about the Council’s liability for the damage is for the courts. Mr X may pursue his claim by taking the Council to court and I have seen nothing to show it would be unreasonable to expect him to do so. For these reasons, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to take court action.
Investigator's decision on behalf of the Ombudsman