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 Mr Y to use his right to go to court about the matter.

The complaint

1. Mr Y complained the Council wrongly charged him for the cost of repairs to the pavement outside his property, which the Council says was damaged during building works. Mr Y says he is not liable for the costs and did not cause the damage.
2. Mr Y says the issue has caused him upset and worry as well as financial pressure and the time taken to deal 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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y complained to the Council after he was told he would need to pay for the repairs to the pavement outside his property after building work, which the Council says damaged the pavement. Mr Y disputes the charges because he says the paving slabs were already cracked and damaged.
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. 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 Mr 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 Mr 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 Mr Y’s complaint because the court is better placed to consider the complaint, and it is reasonable to expect Mr Y to use his right to go to court about the matter.

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Investigator's decision on behalf of the Ombudsman