Essex County Council (19 013 261)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 15 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about an overgrown footpath as Mr X can seek a remedy in court.
The complaint
- The complainant, whom I shall call Mr X, complains the Council has failed to cut back vegetation which is blocking a footpath.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr X said in his complaint. I have written to Mr X with my draft decision and given him an opportunity to comment.
What I found
- Mr X complains the Council has failed to cut back vegetation which is blocking a footpath.
- Section 56 of the Highways Act 1980 says a person may serve a notice on the Council to carry out repairs. Should it fail to do so, the complainant may then apply to the magistrates’ court for an order requiring the Council to take action.
Assessment
- The law provides a route for members of the public to seek to require highways authorities to carry out work to their highways, including footpaths. It is reasonable to expect Mr X to follow this procedure and ultimately resort to court action and so the complaint is outside our legal remit.
Final decision
- My decision is that the Ombudsman should not investigate this complaint. This is because Mr X can seek a remedy for his complaint through the courts.
Investigator's decision on behalf of the Ombudsman