Hampshire County Council (25 021 435)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 28 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about management of repairs to a local road. This is because it is reasonable to expect Mr X to go to court, and the court is better placed to consider the matter.
The complaint
- Mr X complains about the Council’s management of repairs to a local road. He also complains about complaint handling.
The Ombudsman’s role and powers
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about the lack of repairs to a local road. The Council said it assessed the issues and decided they were not safety defects, so it was not a priority. It said it would continue to regularly monitor the road and told Mr X how to report any worsening of the road.
- If Mr X considers that the Council is failing to maintain a highway it is responsible for, he can apply to the magistrates’ court for an order under section 56 of the Highways Act 1980. This order requires the highways authority to carry out the work needed to the highway.
- There might be some cost to court action. However, that does not mean it is unreasonable. There is often financial assistance to those on a low income from HM Courts and Tribunal Service. It is therefore reasonable to expect Mr X to use his right to go to court about this matter.
- Further, 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. We will therefore not investigate.
- Mr X has complained about complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to go to court about the matter and the court is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman