Lancashire County Council (22 004 978)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 15 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway maintenance. This is because it is reasonable to expect Mr Y to use the remedies available to him at court.
The complaint
- Mr Y complained the Council has failed to properly maintain the highway outside his home. He says it is now in a state of disrepair, but the Council has refused to fulfil its duty to act.
- This has caused Mr Y frustration and worry as well as time and energy spent on writing to the Council.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- If Mr Y believes the Council is neglecting its duty to repair the road he can serve notice on the Council to repair the road. If the Council does not, he can then take court action for an order from the Magistrates court, requiring the repairs under section 56 of the Highways Act 1980. The order requires the highways authority to carry out the work needed to the highway within a deadline.
- Mr Y may use this process to try to get the Council to repair the road. I find it is reasonable for him to do this. The court is in the best position to decide whether the Council has met its legal duty to maintain the highway. Also, unlike the Ombudsman, the court can order the Council to do the required work.
- There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Mr Y to be expected to use his right to go to court about this matter and we will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint it is reasonable to expect Mr Y to use the remedies available to him at court.
Investigator's decision on behalf of the Ombudsman