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

The complaint

1. Mr Y complained the Council has invoiced him for footway repairs, costing £1,889.43 which he says he is not responsible for. Mr Y says this has could him significant stress and financial worry.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr Y complained to the Council after he was invoiced for repairs to the footway. Mr Y disputes liability for the costs of the works, as he says there is a lack of fairness or evidence that he is responsible for the problems following building work on his property.
6. 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.
7. 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. We will therefore not investigate this complaint.

Back to top

Final decision

8. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to go to court about the matter, who are better placed to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman