Central Bedfordshire Council (25 031 636)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 13 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to the complainants’ report of highway disrepair. This is a matter which the complainants could have taken to court, and it would have been reasonable to do so.
The complaint
- The complainants, Mr and Mrs X, complain that the Council failed to respond appropriately to their report of highway disrepair.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr and Mrs X’s complaint concerns the Council’s response to their report of a faulty drain cover on the highway close to their home. They complain that the Council’s officers ignored communication from them and had to make two site visits before accepting that remedial works were warranted, resulting in the issue taking seven weeks to remedy.
- Mr and Mrs X say the noise from the drain cover and the difficulty of communication with the Council on the matter caused significant distress and uncertainty, and they were caused some financial loss in trying to mitigate the noise.
- The Ombudsman will not investigate Mr and Mrs X’s complaint. Only the courts can decide whether the Council has maintained the highway properly. There is a right in law for any person to apply to the Magistrates’ court for an order requiring a Council to take whatever action is needed to bring a highway up to standard. That recourse was available to Mr and Mrs X, and it would have been reasonable to use it if they were unhappy with the Council’s initial response. We will not therefore investigate the complaint.
Final decision
- We will not investigate this complaint because it was reasonable for the complainant to go to court.
Investigator's decision on behalf of the Ombudsman