Birmingham City Council (26 003 367)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 16 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s maintenance of the highway. This is because it is reasonable for Mr X to take the Council to court.
The complaint
- Mr X complains the Council failed to address highway disrepair resulting in damage to his car. He wants the Council to reimburse his repair costs and carry out repairs to the highway.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Section 41 of the Highways Act 1980 places a duty on authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary.
- Mr X complains his car was damaged by a pothole because the Council failed to maintain the road. He says the highway still has defects and is dangerous.
- The Council said there were outstanding repairs that needed to be carried out to the highway. It explained Mr X would need to submit a claim to its insurers for the damage to his car.
- 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 I will not investigate.
- It is not a proportionate use of our resources to investigate the Council’s complaint handling when we are not investigating the substantive issues.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to go to court.
Investigator's decision on behalf of the Ombudsman