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. Further investigation would not lead to a different outcome about the drainage problems, and another body is better placed to consider complaints about information requests.

The complaint

1. Mr X complains the Council failed to address highway disrepair resulting in damage to his property. He also says the drains are blocked. Mr X is anxious about using the unsafe road. He wants the Council to repair the road, clear the drains and pay for the damage to his vehicle.

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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)
3. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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How I considered this complaint

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

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My assessment

7. 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.
8. 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 I will not investigate.
9. Mr X reported that drainage issues have caused flooding problems on the road. The Council accepted that it had missed out the gullies on the road during the recent maintenance programme. However, the Council said the gullies would be cleaned within the next eight weeks. I am satisfied with the actions the Council proposed and further investigation by the Ombudsman would not lead to a different outcome for Mr X.
10. Mr X further complained the Council failed to provide him with the evidence of inspections it says it carried out. The Council advised Mr X to request that information by a Freedom of Information (FOI) request. Mr X can complain to the Information Commissioner’s Office if he is concerned about how the Council handled his FOI request as this is the appropriate body to consider complaints about these matters.

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Final decision

11. We will not investigate Mr X’s complaint because it would be reasonable for him to pursue the matter at Court. Further investigation would not lead to a different outcome about the drainage problems, and another body is better placed to consider complaints about information requests.

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Investigator's decision on behalf of the Ombudsman