Summary: The Ombudsman will not investigate this complaint that the Council has not properly repaired a vehicle crossover outside the complainant’s home. It is unlikely he would find fault in how the Council decided what work to carry out. The complainant could also seek a remedy in court.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not carry out repairs to the vehicle crossover outside his home. Mr B says the crossover is defective and dangerous. He says he has had to contact Council officers to no avail and this has caused him anxiety and stress.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
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 we would find fault. (Local Government Act 1974, section 24A(6), as amended)
6. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are not dealing with the substantive issue.

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How I considered this complaint

8. I have considered what Mr B said in his complaint, which included his correspondence with the Council, and discussed it with him. The Council also provided some background information.

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What I found

The Council’s response to Mr B’s concerns

9. Mr B has complained to the Council about the condition of the vehicle crossover outside his home that provides access to his off-street parking. The crossover is part of the highway and so the Council is responsible for its maintenance.
10. The Council did not ignore Mr B’s concerns. It inspected the crossover and assessed what work it should carry out. Mr B believes the work is insufficient and the Council has explained why it will not carry out further repairs.
11. It is for the Council to assess priorities and allocate the resources it has for highways repairs. I consider we are unlikely to find fault in how the Council has done this, even though Mr B disagrees with its decision.

Court remedy

12. 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 appears to be the case here, liability is not in contention, the person can apply to a magistrates’ court if the highways authority does not respond within one month. The court can then order the authority to put the road in proper repair within a reasonable period.
13. If Mr B considers the Council is not keeping the crossover in proper 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.
14. 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.

How the Council dealt with Mr B’s complaint

15. It appears Mr B has contacted several people within the Council seeking a resolution to his complaint. While there is no evidence of fault by the Council, I do not consider it appropriate to consider this as a separate issue because we will not investigate the substantive issues.

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Final decision

16. I have decided we will not investigate this complaint for the reasons given in paragraphs 11, 14 and 15.

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Investigator's decision on behalf of the Ombudsman