Surrey County Council (25 029 741)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 23 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s maintenance of the highway. This is because the complainant has an alternative legal remedy through the courts, to resolve their complaint. And because the courts can decide on this matter and, unlike the Ombudsman, order the Council to do the required work, it is reasonable to expect the complainant to use this remedy.
The complaint
- X complained the Council has not properly considered the impact of multiple failings in the road surface near their home over the past two years. X said they, and other residents, suffer with excessive vibrations in their homes, and there are safety concerns. X said the Council’s failings have significantly affected their quality of life.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- If a person considers that a highways authority has failed to maintain a highway, it is usually reasonable for the person affected to apply to the Magistrates Court for an order to be made under section 56 of the Highways Act 1980. This order requires the highways authority to carry out the work needed to the highway. There might be some cost to court action. However, that does not mean it is unreasonable to take court action.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate X’s complaint because they have an alternative legal remedy with the Magistrates Court. And given we could not achieve what X is looking for, and the courts can, it is reasonable to expect them to use this remedy.
Investigator's decision on behalf of the Ombudsman