Summary: The Ombudsman will not investigate this complaint about footways and street lighting. The complaint is made too late and the complainant also has a remedy in court regarding the condition of the footway. The Council is upgrading the street lighting.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about the condition of the footway near his home. He also says the street lighting is inadequate. He says these two factors make the footway dangerous for pedestrians.

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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

6. I have considered what Mr B said in his complaint and background information provided by the Council. Mr B commented on a draft before I made this decision.

Back to top

What I found

7. Mr B says he complained about the condition of the footway in 2016. He told the Council in 2018 he would complain to us but did not do so until 2020. I have decided there is no reason the restriction I describe in paragraph 3 should not apply.
8. Further, Section 56 of the Highways Act 1980 says a person may serve a notice on a highway authority requiring it to confirm that a road is a highway that it is liable to maintain. If, as in this case, liability is not in contention, the person can apply to a magistrates’ court.
9. If Mr B considers the Council is not keeping the footway in repair, he has the right to take his complaint to court. It would be for the court to decide the extent of the repairs (if any) to be carried out and set a timescale for the work.
10. I consider it would be reasonable for Mr B to serve a notice on the Council and take his complaint to court if necessary. This is because the court has powers to instruct the Council to carry out the work. We have no such powers. Therefore the restriction I describe in paragraph 4 should also apply.
11. The Council has told me it is upgrading street lighting in the area and so I do not consider investigation of this issue would lead to any different outcome.

Back to top

Final decision

12. I have decided we will not investigate this complaint for the reasons given in paragraphs 7, 10 and 11.

Back to top

Investigator's decision on behalf of the Ombudsman