Cumberland Council (26 005 769)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about damage to his property by the Council’s highways contractors. This is because it would be reasonable to expect Mr X to go to court.
The complaint
- Mr X says the Council’s highways contractors damaged his property during works to the highway near his home. He seeks £200 compensation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the highways workers dumped slurry, cement residue and wastewater onto a planted border within his property, causing damage to shrubs and potentially contaminating the soil.
- The Council investigated Mr X’s complaint and confirmed it had carried out gully repair works. It apologised and offered to send a team to clean the site.
- Mr X refused the Council’s offer, replying he had obtained legal advice and intended to pursue a claim against the Council.
- We will not investigate. This is because it is reasonable to Mr X to go to court. He alleges damage to private property and financial loss arising from the Council’s actions. These matters are better addressed by the court which can legally determine if the Council acted negligently and if compensation is warranted. The Ombudsman has no powers to compel Councils to award compensation.
- Also, Mr X told the Council he had taken legal advice and indicated solicitors may be instructed. This shows he was aware of and actively considering the legal remedy available to him.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.
Investigator's decision on behalf of the Ombudsman