Summary: We will not investigate this complaint about highway maintenance because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council have failed to maintain a gully on a highway it owns, causing water to pool outside a primary school.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X advised the council of a blocked gully near a primary school on a road the Council are responsible for. He says this is causing the public to get splashed by water.
6. The Council told Mr X they inspected the gully and observed the gully to be working as intended. The Council also confirmed the water did not present a safety hazard and was not dangerous. The Council confirmed the gully was maintained as part of scheduled cleansing programme.
7. An investigation is not justified as we are not likely to find fault. In this case, the Council appropriately considered Mr X’s request for the gully to be cleaned, inspected it, and provided its reasons for why it would not cleanse the gully beyond its scheduled cleansing programme. We cannot find fault with the decision if the decision was made properly.
8. Further, section 41 of the Highways Act 1980 places a duty on highway authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary. This includes maintaining drainage to prevent the carriageway from being obstructed by standing water.
9. If a person considers a highways authority has failed to maintain a highway it is responsible for, the person affected can apply to the magistrates court for an order to be made under section 56 of the Highways Act 1980. This order requires the highways authority to carry out the work needed to the highway.
10. If the highways authority does not respond in time or does not accept it is responsible for maintaining the road, the person may apply to the crown court for such an order.
11. It is open to Mr X to use this process to try to get the Council to repair drainage to the highway.

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Final decision

12. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman