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 Mrs Y to use her right to go to court about the matter.

The complaint

1. Mrs Y complained the Council has wrongly pursued her for the cost of repairs to the pavement following building work completed on her home. Mrs Y denies liability for the repair cost because she says the paving slabs were broken previously and has found the issue worrying due to the financial impact the charges will have.

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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 Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y complained to the Council after she was told she would need to pay for the replacement of paving slabs outside her property after she took deliver of building materials to her property, which the Council says damaged the pavement. Mrs Y disputes the charges because she says the paving slabs were already cracked and damaged.
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 when they receive an invoice for the costs. 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 Mrs 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 Mrs Y owes the amount or not, where we cannot decide this. We will therefore not investigate this complaint.

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Final decision

8. We will not investigate Mrs Y’s complaint because the court is better placed to consider the complaint, and it is reasonable to expect Mrs Y to use her right to go to court about the matter.

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Investigator's decision on behalf of the Ombudsman