Buckinghamshire Council is ‘not liable’ for damage to a woman’s car from a pothole, a watchdog has said.

The resident, known only as Mrs B complained that her car had been damaged because the council had ‘failed to maintain a road it is responsible for’, according to the Local Government and Social Care Ombudsman.

She demanded that the local authority pay her compensation for the repair costs to her vehicle.

The council’s insurers considered the woman’s claim for compensation but did not accept responsibility.

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The ombudsman said that Mrs B could pursue her claim by taking the council to court and that she could be ‘reasonably expected’ to do this.

Bucks Council relied on the statutory defence that it ‘could not reasonably have been expected to put right any defects’ before the resident’s car was damaged.

Only a court can decide if the authority has been negligent and whether it is entitled to rely on this statutory defence, according to the ombudsman.

In a decision, the watchdog’s investigator said: “I cannot decide whether the council has been negligent and have no powers to enforce an award of damages. So, I would usually expect someone in Mrs B’s position to seek a remedy in the courts, directly or through her insurers.

“I do not consider there is any exceptional reason why Mrs B cannot do this. So, we will not investigate this complaint.”

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