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. The complainant, Ms X, complains the Council has failed to address highway disrepair and has failed to communicate appropriately with residents on the matter.

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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)

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How I considered this complaint

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

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My assessment

5. Ms X complains that the Council has failed to properly maintain a road. She says that, where repairs have been carried out, they have not been of an acceptable standard. Ms X also alleges the Council has failed to be sufficiently responsive to communication from residents.
6. We will not investigate Ms X’s complaint. She has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring the highway up to standard.
7. 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 Ms X to go to court and so we will not investigate.
8. The issues Ms X raises regarding the Council’s communication are not separable from the substantive matter, and we will not therefore consider them.

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Final decision

9. We will not investigate this complaint because it is reasonable for Ms X to go to court.

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Investigator's decision on behalf of the Ombudsman