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 not properly assessed the condition of a highway outside his home resulting in it deciding repairs are not required. He is also unhappy with its complaint handling.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. 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.
6. 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 Mr X to go to court and so I will not investigate.
7. It is not a proportionate use of our resources to investigate the Council’s complaint handling, when we are not investigating the substantive issues.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman