Summary: We have not investigated Mr B’s complaint that the Council has failed to maintain local roads. This is because Mr B can apply to court for an order requiring the Council to repair the roads. It is reasonable for Mr B to do this.

The complaint

1. The complainant, who I will refer to as Mr B, complains the Council has failed to keep local roads in good condition. Mr B says the roads have been damaged because of construction work in the area. Mr B says the roads are dangerous and residents’ cars have been damaged. Mr B would like the Council to re-surface the roads now, rather than wait until construction work has been completed.

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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 Act 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 have considered Mr B’s complaint form and the supporting information he sent, which includes the Council’s response to his complaint. I have also shared a draft version of this statement with Mr B and invited his comments.

What I found

Legal background – highway maintenance

5. The Council as a local highways authority has a statutory duty to maintain adopted streets. Adopted streets are highways which are maintained at public expense by the local highway authority.
6. If an individual considers that a highways authority has failed to maintain a highway it is responsible for, the person affected can apply to the Magistrates Court (and Crown Court if necessary) for an order to be made under section 56 of the Highways Act 1980.
7. The order requires the highways authority to carry out the work needed to the highway.

Assessment

8. Mr B may apply to court for an order requiring the Council to repair the local roads which he says are in disrepair. I find it is reasonable for Mr B to do this. The law specifically provides this route for dealing with disputes about whether a road needs repairing. Also, the court can order the Council to do repairs if it considers they are needed. The Ombudsman does not have this power.

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Final decision

9. The Ombudsman should not investigate this complaint. This is because Mr B may pursue the matter at court and it is reasonable for him to do this.

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Investigator's decision on behalf of the Ombudsman