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

The complaint

1. Mrs Y complained the Council has wrongly charged her for the cost of repairs to the entirety of the pavement area outside her home following renovation works at her property. Mrs Y disputes the charges as she believes the Council has not taken into account the general condition of the pavement in the area as the cause of some of the deterioration.
2. Mrs Y says the issue has caused her upset and worry, as well as the time she has spent 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 Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mrs Y complained to the Council after she was told she would need to pay over £700 for the cost of repairs to the pavement outside her property after renovation work, which the Council says damaged the pavement. Mrs Y disputes the charges because she says the paving slabs were already damaged through general deterioration and she says she should not be liable for the cost of the repair for the full area of the pavement.
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. Mrs Y can raise the issue of the general deterioration of the pavement as part of any legal proceedings relating to the invoice. 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 Mrs 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 Mrs 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 Mrs Y’s complaint because the court is better placed to consider the complaint, and it is reasonable to expect Mrs Y to use her right to go to court about the matter.

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Investigator's decision on behalf of the Ombudsman