Summary: We will not investigate Mrs X’s complaint about highway maintenance. This is because it would be reasonable to expect Mrs X to use her statutory right to take the matter to court.

The complaint

1. Mrs X complained the Council failed to properly address her complaint of vehicles causing damage and mud on the grass verge and road outside her home and refused to escalate her complaint to stage two of its complaints process.
2. Mrs X said the Council’s inaction caused mud to cover her vehicle, her driveway and the road outside her home which posed safety risks and caused her distress. Mrs X wanted the Council to reassess its decision and implement measures to prevent vehicles accessing the verge.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council that vehicles were causing damage to the grass verge outside her home resulting in mud on the road, her vehicle and her private driveway.
8. The Council acknowledged Mrs X’s concerns but said it was unable to install preventative measures due to other areas being a higher priority within the funding available. It also advised Mrs X it would not conduct further investigation into her complaint as this would not lead to a different outcome.
9. If Mrs X considers the Council should prioritise installing preventative measures, it would be reasonable for her to serve notice on the Council under Section 56 of the Highways Act 1980 and apply to the Magistrates court for an order requiring the authority to take whatever action is needed to bring the highway up to standard.
10. The court is in the best position to decide whether the Council has met its legal duty to maintain this highway, and we normally expect people to use the statutory process available. Unlike the Ombudsman, the court can order the Council to carry out the required work. There is not a good reason in this case for the Ombudsman to investigate the matter instead.
11. Mrs X may also make a claim to the County Court if she seeks compensation for any damage to her property, and it would be reasonable to expect Mrs X to use this alternative route.
12. 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.

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Final decision

13. We will not investigate Mrs X’s complaint because it would be reasonable for her to pursue the matters at court.

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Investigator's decision on behalf of the Ombudsman