Summary: The Ombudsman will not investigate Mr X’s complaint that the Council has failed to remove mud and debris from a cycle track. If Mr X believes the Council has not met its obligations under the Highways Act 1980 it would be reasonable for him to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council has failed to fulfil its duty to keep a cycle track free from mud and debris. He has spent time and effort pursuing the issue which remains unresolved after more than a year.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I reviewed Mr X’s complaint, shared my draft decision with him and considered his comments.

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What I found

5. Mr X contacted the Council in March 2018 to report mud and debris on a bicycle track. The Council delayed did not deal with the issue immediately as it had decided to prioritise potholes on the road. It inspected the track in August 2018 and asked the landowner to clear it. The Council says the track was mostly clear of mud when it inspected it again in January 2019 but Mr X disputes this.
6. The Ombudsman will not investigate this complaint. Section 150 of the Highways Act 1980 requires highways authorities to keep highways free from mud and debris; the Council considers it has done enough to meet its obligation but Mr X disagrees. Any dispute over this point is a matter for the courts.
7. If the court finds the Council has not complied with its duty it may order the Council to take action. This is regardless of who is responsible for the obstruction.
8. Our role is more limited than this and we cannot interpret the law to decide if the Council has done enough. If Mr X wishes to pursue the matter it would therefore be reasonable for him to take it to court.
9. While Mr X is also unhappy about the way the Council dealt with his reports the courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)). So, where the substance of a complaint is not subject to investigation, the Ombudsman does not investigate the Council’s handling of the issue in isolation.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman