The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s maintenance of a road because it is reasonable for the complainant to go to court.
The complaint
X complains the Council failed to address highway disrepair, resulting in damage to their vehicle. X is dissatisfied with how the Council has considered their claim.
The Ombudsman’s role and powers
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Only the courts can decide whether the Council has maintained the highway properly or is liable for any damage to property due to a failure to repair the highway. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for X to go to court and so I will not investigate.
Final decision
We will not investigate this complaint because it is reasonable for the complainant to go to court.
Investigator's decision on behalf of the Ombudsman