London Borough of Bromley (26 000 805)
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 maintenance of a roadside wall because it is reasonable for the complainant to go to court.
The complaint
- Mr X complains the Council failed to address highway disrepair resulting in either damage to property, specifically a damaged roadside wall near his property.
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)
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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 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.
- Only the courts can decide whether the Council has maintained the highway properly or is liable for any damage to property due to a failure to repair the highway. 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 we will not investigate.
- Mr X says the Council has failed to repair the wall for four years. The complaint is thus also late. Even if the court right referred to above did not exist, there would still be no good reason to exercise discretion to investigate a matter Mr X has been aware of for more than 12 months.
Final decision
- We will not investigate this complaint because it is reasonable for the complainant to go to court.
Investigator's decision on behalf of the Ombudsman