Summary: The Ombudsman will not investigate Miss X’s complaint that Transport for London refuses to repair damage it caused to the highway outside her house. This is because Miss X could take the matter to court and it is reasonable for her to do so.

The complaint

1. Miss X complains Transport for London (TFL) refuses to repair damage it caused to the highway outside her house. She says the road is dangerous and has caused damage to her car. She wants TFL to repair the road surface.

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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 Miss X in her complaint.
5. I sent a copy of my draft decision to Miss X, who had an opportunity to comment on it.

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What I found

Background

6. Miss X says TFL have caused damage to the road outside her house and refuses to repair the damage. She says the road is dangerous and has caused damage to her car.

Analysis

7. The law says we cannot normally investigate complaints when someone could take the matter to court.
8. Where a road has not been maintained, the public have the right to apply to a Magistrates’ court for an order requiring the authority to take whatever action is needed to bring the highway up to standard. (Highways At 1980, section 56)
9. Where the disrepair of the highway has caused damage or injury, this is essentially a claim for negligence which is also a matter for the courts.
10. We have discretion to set aside this rule where we decide there are good reasons. I have decided not to exercise discretion in this case because:
• Only the courts can decide whether a highway authority is responsible for maintaining a particular road;
• Only a court can decide whether:
1. the authority should have dealt with the problem before it caused the complainant harm;
2. the complainant should have taken steps to avoid the harm;
3. the authority is liable to pay damages for any loss or injury; and
• It is reasonable for Miss X to pursue these matters through the courts.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because Miss X could take the matter to court and it is reasonable for her to do so.

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Investigator's decision on behalf of the Ombudsman