Summary: We will not investigate this complaint about highway repair because the court is better placed to consider the complaint, and it is reasonable to expect Mr Y to use his right to go to court about the matter.

The complaint

1. Mr Y complained the Council has wrongly pursued him for the cost of repairs to the pavement following building work completed on his home. Mr Y denies liability for the repair cost and has found the issue distressing, worrying and expensive.

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The Ombudsman’s role and powers

2. 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)
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))

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How I considered this complaint

4. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y carried out renovation work on his home between 2021 and April 2023. He received an invoice from the Council for approximately £1,800 for the costs of repairing damage to the pavement from the works. Mr Y paid this in full in January 2023. Following the completion of the building work on Mr Y’s home, the Council carried out the necessary repairs.
6. In December 2024, Mr Y says he was sent a further invoice by the Council for £2,600 approximately, which he says the Council told him was due to the works costing more than had initially been estimated.
7. The Council issued two credit notes as part of its complaint handling process, amounting to £1,700 and £150 approximately. Mr Y was told the outstanding amount was nearly £800. Mr Y disputes this invoice, on the basis of the additional cost and that he does not believe he caused the additional damage which needed repair.
8. Under s133 Highways Act 1980, Council can recover costs of repairs to the highway from those who cause damage to it. Where a person disputes their liability for the costs, it is for that person to dispute this through the courts. We cannot decide liability in such situations, where the courts can.
9. As the courts can decide liability where we cannot and there is a right to dispute such charges in court, it is reasonable to expect Mr Y to use this right and approach the court. This is particularly as the court is better placed to consider the complaint as it can decide whether Mr Y owes the amount or not, where we cannot decide this. We will therefore not investigate this complaint.

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Final decision

10. We will not investigate Miss Y’s complaint because the court is better placed to consider the complaint, and it is reasonable to expect Mr Y to use his right to go to court about the matter.

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Investigator's decision on behalf of the Ombudsman