Summary: Mr X complains the Council refuses to resurface his road which he says needs repair. The Ombudsman will not investigate this complaint. It is reasonable to expect Mr X to use his right to go to court to require the Council to repair the road.

The complaint

1. Mr X complains the Council refuses to resurface the road where he lives.

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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 considered the information provided by Mr X and the Council’s responses to his complaint.

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What I found

5. Mr X complains the Council failed to resurface his road when it repaired others in the area 5 years ago. He says it is now the worst in the area and is causing damage to cars and is dangerous.
6. The Council says it has inspected the road and while it is not in as good repair as others, it does not need resurfacing.
7. Under the Highways Act 1980 s56, Mr X has a legal right to ask the Magistrates’ Court to direct the Council to take whatever action is needed to bring the road up to standard.
8. I have discretion to investigate the complaint even though Mr X has this legal right. However, I consider it is reasonable to expect him to apply to the Court. Because the Court has powers to direct the Council to carry out any necessary work. The Ombudsman has no such powers.

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Final decision

9. I will not investigate this complaint. Mr X has the right to ask to court to decide whether the Council should repair the road.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman