Summary: We will not investigate Mr X’s complaint about the condition of the pavement and roads near his house. This is because it is reasonable for Mr X to take this matter to court.

The complaint

1. Mr X complains the weeds on the pavement near his house have caused property damage to his fence. He also complains that cars driving on roads near to his home have thrown up loose stones, hitting his children. Mr X also complains about poor complaint handling.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complains the Council did not take action to undertake remedial works on the pavement and roads near his house.
7. Mr X has the right to apply to a Magistrates’ court for an order requiring the authority to take whatever action is needed to bring the highway up to standard.
8. The process requires the complainant to serve a notice requiring the authority to repair the highway in question. The authority must reply, confirming if it is the authority responsible for the highway. If it is, the complainant then has six months to apply to the Magistrates’ court for an order under the Highways Act 1980 s56. Providing the magistrates agree, the order requires the highway authority to carry out the work.
9. I find that it is reasonable for Mr X to take this matter to court.
10. Mr X also says that his fence has been damaged and his children injured because of the poor state of the pavement and roads near to his home.
11. Any claims about damage to property or personal injury are generally best left to the courts to decide. Only a court can decide whether the authority should have dealt with the problem before it caused the complainant harm.
12. We will also not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

Back to top

Final decision

13. We will not investigate Mr X’s complaint about the condition of the pavement and roads near his house. This is because it is reasonable for Mr X to take this matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman