Bury Metropolitan Borough Council (25 020 448)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 26 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the resurfacing work carried out on his road. The courts are better placed to consider the matter.
The complaint
- Mr X is unhappy with the road repairs carried out by the Council on his road. He complains the work is substandard. He says the Council had told him they would be coming back to resurface the road, but they have not done so.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X is unhappy with the road repairs carried out by the Council on his road. He complains the Council have not come back to redo the work when he was told they would.
- The Councils advised Mr X his road wasn’t due to be resurfaced and apologised for any misunderstanding. The Council outlined how it determined which roads were being resurfaced or repaired, and that this was done on a priority basis. It stated that Mr X’s road was not in the current investment programme to be resurfaced, but that it would be considered for resurfacing in the future.
- If a person considers that a highways authority has failed to maintain a highway it is reasonable for the person affected to apply to 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 X may use this process to try to get the Council to repair the road. I find it is reasonable for Mr 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.
Final decision
- We will not investigate Mr X’s complaint because the court is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman