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. Mrs X complains the Council failed to address highway manhole disrepair resulting in incidents which risked serious injury and damage to property.
2. Mrs X also complains about the Council’s complaint handling.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs 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.
7. Only the courts can decide whether the Council has maintained the highway properly. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for Mrs X to go to court and so I will not investigate.
8. It is not a proportionate use of our resources to investigate the Council’s complaint handling when we are not investigating the substantive issues.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman