Summary: We will not investigate Mr Q’s complaint about the Council’s refusal to do any repairs to the road outside his home. This is because he may seek a remedy in court.

The complaint

1. The complainant, who I have called Mr Q, complained that Lancashire County Council will not repair or resurface the road outside his home. He said heavy vehicles driving over the road caused vibrations and damage in his home.

Back to top

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)

Back to top

How I considered this complaint

4. I considered the information Mr Q provided. I considered Mr Q’s comments on a draft of this decision.

Back to top

What I found

Background

5. Section 56 of the Highways Act 1980 says that a person may serve a notice on a highway authority requiring it to confirm it is responsible for maintaining a highway. If the highway authority disputes this or does not respond within one month, the person may apply to a crown court. The court will then determine if the highway authority is responsible for maintaining the highway and, if so, order the authority to repair the highway within a reasonable period. If responsibility for maintaining the highway is not disputed the person can apply to a magistrates’ court.
6. Lancashire County Council is a highway authority.

What happened

7. In 2017 the Council resurfaced the road outside Mr Q’s home. He said the resurfacing work created a ridge between the old and new surfaces. Mr Q said he is now disturbed by noise and vibrations whenever trucks go over the ridge. He is also concerned that vibrations caused by passing trucks are damaging his home.
8. The Council has inspected the road twice in 2019. It has also done some planned resurfacing work. It does not think there are any defects which would require it to do any repairs.
9. Mr Q says he has evidence of the noise and vibrations caused when trucks pass over the ridge in the road. He would like the Council to properly resurface it. He does not think he should have to go to court to get it to do so.

Assessment

10. We will not investigate this complaint.
11. Mr Q is, in effect, saying the Council has failed to properly maintain the road outside his home. The Council denies there are any defects requiring repairs.
12. The Council has accepted it is responsible for maintaining the road. So Mr Q may take his complaint to the Magistrates’ Court. It would then be for the Court to decide what repairs, if any, the Council should do and set a timescale for the work.
13. I think it would be reasonable for Mr Q to go to the Magistrates’ Court if he believes the Council is failing to maintain the road outside his home. This is because the Court has powers to require the Council to carry out repairs. We do not have the power to do so.

Back to top

Final decision

14. We will not investigate Mr Q’s complaint. This is because he may go to court.

Back to top

Investigator's decision on behalf of the Ombudsman