Summary: We will not investigate Mr X’s complaint about the Council wrongly pursuing him for the cost of repairs to the pavement outside his property. This is because it is reasonable for Mr X to take the matter to the court if he disagrees, he is responsible for the damage.

The complaint

1. Mr X complained the Council wrongly pursued him for the cost of pavement repairs outside his property after his building works were completed. Mr X says he is not responsible for the damage to the pavement and says the footpath was already in a poor state of repair. Mr X says this has caused stress and confusion and he wants the Council to withdraw the invoice or accept his offer to pay fifty percent.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council after it invoiced him for repairs it had completed to the pavement outside his property. In its complaint response, the Council told Mr X it considered he was responsible for the damage caused to the pavement which it identified following building works at this property. The Council told Mr X it carried out regular inspections of the highway, and none had noted any significant damage to the footway prior to Mr X’s building works.

7. Mr X said he had asked his builders to fill in the pavement gaps outside his property as he was unaware, he was not allowed to do so. Mr X disputes that this was the cause of the damage and does not feel he is liable for the full repairs. Despite this, the Council has maintained its position to recover costs from Mr X.
8. Section 133 of the Highways Act 1980 states, councils can recover reasonable costs for repairing damage to pavements from those who are responsible for the damage. Where an individual disputes the liability for the costs of repairs, it is open to them to dispute the matter through the courts. We cannot decide liability. Therefore, we will not investigate this complaint. It is reasonable for Mr X to pursue the matter via the courts.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman