Summary: We will not investigate this complaint that the Council has failed to properly maintain the road surface outside the complainant’s home. We are unlikely to find fault by the Council and it is reasonable for the complainant to use the legal remedies available to him. We are also unlikely to find fault in how the Council has responded to the complainant’s request for traffic calming measures.

The complaint

1. The complainant, who I refer to here as Mr X, has complained the condition of the road outside his home causes vibration and disturbance. He wants the Council to repair the road surface and introduce traffic calming measures but it will not do so.

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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. It 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
4. 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; or
• it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

5. 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)

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How I considered this complaint

6. I have considered what Mr X said in his complaint which included the Council’s response to his concerns. Mr X commented on a draft before I made this decision.

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What I found

The condition of the road

7. The Council has provided a full response to Mr X’s concerns. An investigation by us is unlikely to add anything significant to what we know.
8. In response to Mr X’s complaints, the Council has explained it has inspected the road when it has received reports about its condition. The Council says it will carry repairs when it considers these are necessary but this is not currently the case. It says it may carry out repairs but cannot promise it will be able to give this priority.
9. While Mr X disagrees with the Council’s decision, we can only criticise the Council if its decision was made with fault. Further consideration of the complaint is unlikely to find fault because officers have considered the reports they have received, inspected the road surface and decided it does not require intervention.
10. Further, Section 56 of the Highways Act 1980 allows Mr X to serve a notice on the Council that the road is not in proper repair. If the Council disputes this or does not respond within one month, Mr X may apply to a magistrates’ court. The court can, if it sees fit, order the Council to put the road in proper repair within a reasonable period.
11. We are unlikely to find fault in how the Council has responded to Mr X’s concerns. Further, it would be reasonable for Mr X 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.

Traffic calming

12. The Council has explained it works in liaison with the police in responding to concerns about speeding and anti-social driving. Decisions on what action may be necessary are based on surveys carried out on site. The last survey was in 2018 and did not show any measures were necessary. However, as this was some time ago, the Council intends to repeat the survey in the near future. It will then reconsider if it should take any action.
13. We are unlikely to find fault in unlikely to find fault in how the Council has responded to Mr X’s concerns.

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Final decision

14. I have decided we will not investigate this complaint for the reasons given in paragraphs 11 and 13.

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Investigator's decision on behalf of the Ombudsman