Summary: We will not investigate this complaint about highway maintenance as the courts are better placed to consider the complaint and it is reasonable to expect Ms Y to take the matter to court.

The complaint

1. Ms Y complained the Council has charged her for both temporary and permanent repairs costs to the pavement outside her property following house renovations works and has now passed the debt to an enforcement agent.
2. Ms Y says this has caused her upset and inconvenience and she has spent substantial time on the matter.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. After damage was allegedly caused during building work on Ms Y’s property to the pavement, the Council issued an invoice for the repair work it had then done for both a temporary and then a permanent repair. Ms Y says she was willing to pay for one of the sets of repairs but not the other. She disputes paying the invoice the Council raised for over £700 for the repairs. As Ms Y had not paid the invoice, the Council then passed her details to an enforcement agent. Ms y then approached us.

Analysis

7. Ms Y disputes her liability for the amount the Council has billed her for repair works. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. This includes claims about liability for costs such as those the Council is making a claim for against Ms Y. These are legal claims which may only be determined by the courts.
8. As the courts are able to make such decisions, the courts are better placed than the Ombudsman to consider this complaint. Further, if the court has already issued a liability order, which often leads to enforcement agents becoming involved, it would be reasonable for Ms Y to have already defended herself against the claim. Consequently, we will not investigate.

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Final decision

9. We will not investigate Ms Y’s complaint because the courts are better placed to consider the complaint and it is reasonable to expect Ms Y to take the matter to court.

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Investigator's decision on behalf of the Ombudsman