Summary: We will not investigate Miss X’s complaint that the Council has failed to properly maintain a road, resulting in damage to her vehicle. This is because it is reasonable for Miss X to pursue the matter through the courts.

The complaint

1. Miss X complains about the state of a road and pavement following Council housing works. She says the Council has failed to maintain the road properly and this has caused damage to her vehicle and injuries to others. She wants the Council to reimburse her repair costs.

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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 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)

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How I considered this complaint

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

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My assessment

6. Section 41 of the Highways Act 1980 places a duty on highway authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary.
7. Miss X says the Council failed to maintain the highway after works on a development. She claims this caused damage to her vehicle and injuries to others. She complained to the Council on several occasions.
8. The Council responded to her complaint in June 2024. It said the highway had been inspected and it was in an acceptable condition with no major hazards. It told her she could contact its insurance company if she thought it had been negligent.
9. I understand Miss X is frustrated about the damage to her vehicle but we cannot decide whether the Council is liable for this; we also have no powers to enforce an award of damages. Miss X may pursue this claim by taking the Council to court and I have seen nothing to show it would be unreasonable to expect her to do so.
10. I appreciate Miss X is also unhappy with the condition of the highway but whether the Council has met its duty under Section 41 of the Highways Act 1980 would require interpretation of the law and this is not something we can provide.
11. If Miss X wishes to pursue the issue it would be reasonable for her to serve notice on the Council to carry out repairs. Should it fail to do so, Miss X may apply to the magistrates’ court for an order under section 56 of the Highways Act 1980 requiring it to take action. The Council would be bound by any order made by the magistrates’ court.

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Final decision

12. We will not investigate Miss X’s complaint because it would be reasonable for Miss X to pursue the matter through the courts.

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Investigator's decision on behalf of the Ombudsman