Derbyshire County Council (25 020 072)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 19 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s actions in maintaining the highway and resulting property damage. This is because it would be reasonable for Mr X to serve notice on the Council and take the matter to court.
The complaint
- Mr X complains that a broken drop kerb outside his property causes flooding in his home when it rains. He says the issue has been continuing for over 3 years and he has had to replace his kitchen because of damp and mould resulting from the flooding.
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 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council recognises that the kerb outside Mr X’s property is damaged and needs repairing, but it does not consider it a priority. Mr X is unhappy the Council has still not completed the work.
- If Mr X considers the Council should prioritise the work to the kerb it would be reasonable for him to serve notice on the Council under Section 56 of the Highways Act 1980 and apply to the Magistrates court for an order requiring the authority to take whatever action is needed to bring the highway up to standard.
- The court is in the best position to decide whether the Council has met its legal duty to maintain this highway. Also, unlike the Ombudsman, the court can order the Council to do the required work.
- Mr X may also make a claim to the court for damage to his and it would be reasonable to expect Mr X to use this alternative route.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to pursue the matters in court.
Investigator's decision on behalf of the Ombudsman