Summary: We will not investigate this complaint about highway repair 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 wrongly tried to pursue him for charges to repair footway damage outside his home following Mr Y completing building work on his property.
2. Mr Y feels the Council has failed to consider his evidence properly, causing him disappointment and upset. Mr Y is seeking a cancellation of the invoice.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

7. Mr Y complained to the Council after he was sent an invoice for nearly £2450, for the cost of repairs to the footpath outside his home which the Council says was caused during works to Mr Y’s property. Mr Y disputes liability for the costs of the necessary works, as he says the damage has been caused by wear over a long period and a lack of maintenance. He has also provided photographs to the Council which he believes show the damage has not been caused by him or the works.
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. Where Mr Y feels the Council has failed to follow the procedure for making such a claim for costs against him, he can raise this with the court as part of any defence to enforcement of the costs.
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. We will therefore not investigate this complaint.

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Final decision

10. 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.

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Investigator's decision on behalf of the Ombudsman