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, Mr X, complains the Council failed to address repeated reports of highway disrepair resulting in risk to highway users.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says he has made multiple reports of potholes in the highway close to his home. He says the Council’s failure to take effective action causes risk to highway users. He is also concerned about potential damage to his home.
6. The Ombudsman will not investigate Mr X’s complaint. This is because he 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 Mr X to go to court, so we will not investigate.

Back to top

Final decision

8. We will not investigate this complaint because Mr X has the right to take the matter to court and it would be reasonable for him to do so.

Back to top

Investigator's decision on behalf of the Ombudsman