Gloucestershire County Council (24 017 396)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 13 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highway maintenance because it is reasonable to expect Mr X to take the matter to court.
The complaint
- Mr X complains the Council failed to repair a road outside of his property. He says issues of disrepair with the road cause thudding and vibrations to pass through his house. He wants the Council to resurface the road to resolve the issues.
- Mr X says the situation has affected his mental health and he is worried about damage to his property.
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 provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Following a site inspection, a Safety Inspector decided there were no safety defects on the road. A Council Officer said no thuds were felt during the inspection when vehicles passed by. For these reasons, the Council’s highways department refused Mr X’s request for the Council to resurface the road. It suggested Mr X contact his insurers about his claim cracks in his property were due to the condition of the road.
- Mr X says the condition of the road has damaged his property and caused cracks to appear in his house. We do not normally investigate complaints about property damage caused by highway disrepair. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. I find it is reasonable for Mr X to follow this process and, if needed, seek a remedy in the courts. The initial fee for making a claim is relatively modest.
Final decision
- We will not investigate this complaint about highway maintenance because it is reasonable to expect Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman