Summary: We will not investigate this complaint about highway maintenance 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 wrongly issued an invoice for the cost of damage to the pavement outside his property. Mr Y complained the Council also has insufficient evidence to show he caused the damage.
2. Mr Y says the issue has been frustrating and taken time and effort to try to resolve, unsuccessfully.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr Y complained to the Council after he was sent an invoice 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. He also says the Council does not have evidence to show he was responsible for the damage.
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. Mr Y may wish to raise the issue of the lack of evidence as part of any legal proceedings in the matter. 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.

Back to top

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.

Back to top

Investigator's decision on behalf of the Ombudsman