Summary: We will not investigate this complaint that the Council is not complying with its duty under the Highways Act 1980 as the complainant is not caused personal harm or loss to a degree that would justify our involvement.

The complaint

1. Mr X complains the Council is failing in its duty under the Highways Act 1980 to properly maintain roads in its area. Mr X also complains of delay in the Council responding to his complaints about this. Mr X is concerned about the safety of road users and about damage to vehicles caused by road defects.

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The Ombudsman’s role and powers

2. 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. While I recognise Mr X’s concerns, he is not caused a level of personal injustice from his complaint about road conditions, or how the Council dealt with his complaints, to justify our further involvement.
7. In addition, there is a procedure open to Mr X under section 56 of the Highways Act 1980 by which he can serve a notice on the Council requiring it to take reparatory action. It is reasonable to expect Mr X to do this. If the Council does not take action, then it is open to Mr X to consider applying for a magistrates’ court order requiring the repairs.
8. A person whose vehicle is damaged by a road defect can make a claim in court for damages. We cannot determine such claims and it is reasonable to expect someone in that position to seek recompense via the procedure provided in law.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because he is not caused a significant personal injustice from it, and he can also take the matter to court.

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Investigator's decision on behalf of the Ombudsman