West Northamptonshire Council (25 020 351)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 27 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr Y’s complaint about highway maintenance. This is because the courts are better placed to consider the complaint.
The complaint
- Mr Y complains the Council failed to maintain a footpath. He says the footpath poses a significant safety threat. Mr Y wants the Council to make the footpath safer.
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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr Y complained to the Council about its response to his reports about an unsafe footpath.
- In late 2025, the Council sent Mr Y its final complaint response. The Council said its Highways team had assessed the site, but decided not to take any further action. It explained there were alterative routes available for those who preferred not to use the footpath. Also, the Council said it did not have the resources for the major engineering works that would have to be carried out to change the gradient or surface of the footpath. Equally, its options to widen the footpath were limited by the buildings present either side of the footpath. So, the Council said it would not carry out any works to the footpath.
- If a person considers that a highways authority has failed to maintain a highway it is responsible for, including a footpath, 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.
- Mr Y may use this process to try to get the Council to carry out works to the footpath. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Mr Y to be expected to use this right to go to court about this matter.
- Further, the court is in the best position to decide whether the Council has met its legal duty to maintain the highway. Unlike the Ombudsman, the court can order the Council to do the required work, so it is better placed than us to consider the complaint. So, we will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint about highway maintenance. This is because it is reasonable to expect Mr Y to take court action about the matter.
Investigator's decision on behalf of the Ombudsman