Summary: The Ombudsman will not investigate Miss X’s complaint that the Council has not repaired a pavement where Miss X’s mother fell. This is because Miss X can apply to the courts to require the Council to make the repairs.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council has not repaired a section of pavement where her mother fell.

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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 have considered what Miss X said in her complaint and her comments made in response to my draft decision.

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What I found

5. Miss X complains the Council has not repaired a section of pavement where her mother fell. Miss X is concerned because she says other pedestrians have fallen at this location.
6. The Council says it has inspected the location but whilst the pavement was slightly cracked, it was not so bad as to require a repair.
7. Section 56 of the Highways Act 1980 gives any member of the public the right to apply to the Magistrates’ court to require the Council to make repairs to a highway (in this case, a footpath).

Analysis

8. The law provides this remedy and it is reasonable to expect Miss X to use it.
9. The complaint is therefore outside our legal remit and we will not investigate.

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Final decision

10. My decision is that the Ombudsman will not investigate this complaint. The complaint is outside our legal remit as Miss X has the right to take this matter to court.

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Investigator's decision on behalf of the Ombudsman