Summary: We will not investigate this complaint about the Council recovering costs for damage to the public highways caused by building works. Claims about damages and negligence are determined by the courts where there is a legal dispute about liability.

The complaint

1. Mr X complained about the Council issuing him with an invoice for damage to the footway outside his home following building works. It says a heavy skip caused damage which was not previously there. Mr X disputes the Council’s claim.

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The Ombudsman’s role and powers

2. 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 there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

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

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My assessment

6. Mr X says he has been wrongly accused by the Council of damaging the footway outside his home. The Council says it has evidence that the surface was intact before the building works were carried out and that Mr X should pay £1,530 for damages claimed under s.133 of the Highways Act 1980. He is concerned that the Council says it will place a charge on his property if he fails to pay for the damage.
7. Councils as highway authorities may reclaim costs from householders whom they believe have damaged the highway which has to be repaired at public expense. The Council says it has sufficient evidence that a heavy skip or similar caused damage to the paving slabs and the recovery is justified.
8. We cannot resolve a dispute about liability for damage caused under a legal tort. If Mr X believes he has sufficient evidence to defend any court action or challenge a legal property charge he would need to seek legal advice on this.

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Final decision

9. We will not investigate this complaint about the Council recovering costs for damage to the public highways caused by building works. Claims about damages and negligence are determined by the courts where there is a egal dispute about liability.

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Investigator's decision on behalf of the Ombudsman