North Somerset Council (25 012 752)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 02 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X complaint about disrepair to a road. It is reasonable for Mrs X to pursue this matter at court.
The complaint
- Mrs X complains the Council has failed to keep the road in a good state of repair.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says her property is on a road which is in a state of disrepair. She says the road is dangerous and the Council have redirected a bus route down the road which causes her property to shake due to the uneven road surface.
- The Council say they have inspected the road, identified required repairs, and are engaging with the relevant utility companies for repairs to be carried out.
- 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.
- 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.
- Mrs X may use this process to try to get the Council to repair the road. I find it is reasonable for Mrs X to do this. The court is in the best position to decide whether the Council has met its legal duty to maintain the highway. Also, unlike the Ombudsman, the court can order the Council to do the required work.
- Mrs X also complains of property damage. We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
Final decision
- We will not investigate Mrs X’s complaint. It is reasonable for Mrs X to pursue this matter at court.
Investigator's decision on behalf of the Ombudsman