Summary: We will not investigate this complaint about a highway disrepair matter. This is because we cannot determine Mr X’s liability, or otherwise, for damage to the public footway the Council says he caused. Such disputes over liability are matters for the courts.

The complaint

1. Mr X complains the Council wrongly held him liable for damage to the public footway. Mr X spent more than £2,000 to resurface the footway at his own expense, but disputes responsibility for the damage.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We cannot decide whether Mr X is liable for the damage to the footway. This is a matter for the courts.
5. Mr X says the Council threatened action against him under Section 133 Highways Act 1980. This allows the Council to make good any damage caused by works on adjoining land and recover their reasonable expenses from the person responsible for the damage.
6. Had Mr X felt he was not responsible for the damage he should have declined to carry out the repairs the Council said were required and presented his evidence and arguments in defence of any claim against him at court.
7. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate this complaint. This is because the issue of whether Mr X was responsible for the damage or liable for the cost of putting it right is a matter for the courts rather than the Ombudsman.

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Investigator's decision on behalf of the Ombudsman