Summary: We will not investigate this complaint about the Council’s maintenance of a road because it is reasonable for the complainant to go to court.

The complaint

1. Mr X complains the Council has failed to complete repair work to a damaged highway quickly enough.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X complains the Council have not completed repairs to a highway when it accepted the highway was in a poor condition. It has not provided suitable timescales for when the work will be completed.
6. The Council explained that while it accepted that work needed to be completed, it was assigned a category 2 defect level which gives it 6 months to complete the repair work. It also stated that emergency work and defects of a higher category level are prioritised to be completed first which would also affect the timescales for repair.
7. Mr X has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring a highway up to standard.
8. Only the courts can decide whether the Council has maintained the highway properly or is liable for any damage to property due to a failure to repair the highway. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for Mr X to go to court and so we will not investigate.

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Final decision

9. We will not investigate this complaint because it is reasonable for the complainant to go to court.

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Investigator's decision on behalf of the Ombudsman