Summary: We will not investigate this complaint about highway repair because the court is better placed to consider the complaint, and it is reasonable to expect Mr Y to use his right to go to court about the matter.

The complaint

1. Mr Y complained the Council has wrongly issued an invoice to him for over £1,800 for the cost of repairs to a footpath after he used a skip at his property, which the Council says caused damage. Mr Y disputes the charges and says this is due to groundwater and heavy rain causing a structural failure.
2. Mr Y says the issue has caused him distress and anxiety as well as time in dealing with the matter.

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The Ombudsman’s role and powers

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)
4. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y complained to the Council after he was told he would need to pay for the costs of repairs to the footpath outside his property after building work, which the Council says damaged the pavement. Mr Y disputes the charges.
7. Under s133 Highways Act 1980, Council can recover costs of repairs to the highway from those who cause damage to it. Where a person disputes their liability for the costs, it is for that person to dispute this through the courts when they receive an invoice for the costs. We cannot decide liability in such situations, where the courts can.
8. As the courts can decide liability where we cannot and there is a right to dispute such charges in court, it is reasonable to expect Mr Y to use this right and approach the court. This is particularly as the court is better placed to consider the complaint as it can decide whether Mr Y owes the amount or not, where we cannot decide this. We will therefore not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because the court is better placed to consider the complaint, and it is reasonable to expect Mr Y to use his right to go to court about the matter.

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Investigator's decision on behalf of the Ombudsman