Summary: We will not investigate this complaint about highway maintenance charges 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 is wrongly charging her for damage to the highway and pavement outside her property which she denies causing and liability for.
2. Mrs Y says the issue is causing her significant worry and feels the charge is unfair as she has been billed for repairs costing nearly £2,500.

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The Ombudsman’s role and powers

3. 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)
4. 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

5. I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mrs Y says she was asked to pay £845.36 for repairs to the highway outside her property after building work, which she paid. She says she has then been asked to pay for further repairs to the road and the pavement following damage by third parties, who have no connection to her property. She also says the paving slabs she is being charged for were already damaged and she does not agree that she is liable for a further bill, amounting to nearly £2,500, when she has paid previously and disputes causing the damage.
7. 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.
8. 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

9. 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