Derbyshire County Council (18 018 162)

Statement Not upheld Highway repair and maintenance 04-Sep-2019

Summary: Mr X complained the Council refused to carry out work on the footway which runs past the entrance to his property. Mr X said resurfacing work on the footway caused surface water to pond on his pathway resulting in a nuisance and a hazard. The Council was not at fault. The surface water on Mr X’s property is the principal reason for the ponding. To reinstate the footway as it was previously would cause the water to drain away across the footway which is an offence under the Highways Act.

Durham County Council (19 005 085)

Statement Closed after initial enquiries Highway repair and maintenance 03-Sep-2019

Summary: The Ombudsman will not investigate whether damage to a car which hit a pothole in the road was caused by the Council’s negligence. This is a matter for the courts to decide. The Ombudsman will not investigate how the Council dealt with a complaint about something he will not consider.

Royal Borough of Greenwich (19 005 612)

Statement Closed after initial enquiries Highway repair and maintenance 03-Sep-2019

Summary: The Ombudsman will not investigate Mr B’s complaint about injuries he suffered when he fell over a low wall. The complaint is late and as the courts are better placed to decide whether the Council was negligent and has any liability to Mr B for his injuries, there are no good reasons for the Ombudsman to exercise his discretion and now investigate.

West Sussex County Council (19 005 652)

Statement Closed after initial enquiries Highway repair and maintenance 03-Sep-2019

Summary: The Ombudsman will not investigate Mr X’s late complaint about a pothole causing damage to his car’s tyre and suspension spring. The Council denied liability for the damage in May 2017 and Mr X complained to the Ombudsman in July 2019 so the complaint is late. There is no good reason for the Ombudsman to investigate now, as his claim is one of negligence by the Council causing damage to his property. It is for the courts to decide on legal issues of negligence and make awards of damages. The appropriate route for Mr X to pursue his claim is to a court.

Milton Keynes Council (19 005 473)

Statement Closed after initial enquiries Highway repair and maintenance 02-Sep-2019

Summary: The Ombudsman will not investigate Mr B’s complaints about the condition of a pavement. It is reasonable to expect Mr B to use his right of remedy in the courts if he believes the Council has failed to meet its duty to maintain the highway.

Derbyshire County Council (19 005 748)

Statement Closed after initial enquiries Highway repair and maintenance 02-Sep-2019

Summary: The Ombudsman will not investigate Mr X’s complaint that the Council has not properly maintained the public highway. This is because it would be reasonable for him to take the matter to court.

Calderdale Metropolitan Borough Council (18 019 919)

Statement Upheld Highway repair and maintenance 28-Aug-2019

Summary: The Ombudsman found fault by the Council on Mr W’s complaint of it failing to respond to reports he sent about a blocked drain on the highway to the front of his house. The Council inspected the wrong drain and only inspected the one he reported 7 months later. It also failed to communicate with him about his reports. The avoidable injustice this caused is remedied by the agreed action.

Shropshire Council (19 005 673)

Statement Closed after initial enquiries Highway repair and maintenance 28-Aug-2019

Summary: The Ombudsman will not investigate Mr X’s late complaint about damage to his car from a pothole. This is because it is reasonable for him to seek compensation through the courts.

Essex County Council (18 015 609)

Statement Closed after initial enquiries Highway repair and maintenance 27-Aug-2019

Summary: The Ombudsman will not investigate how the Council has responded to the complainant’s concerns about a footpath near his home. It is unlikely he would find fault by the Council and the complainant can seek a remedy in court regarding the condition of the footpath.

Sheffield City Council (19 004 922)

Statement Closed after initial enquiries Highway repair and maintenance 27-Aug-2019

Summary: The Ombudsman will not investigate Mrs X’s complaint about compensation for a personal injury as he would expect Mrs X to seek a remedy through the courts.