Summary: We will not investigate Ms X’s complaint about the Council’s maintenance of a streetlight because it would have been reasonable for the complainant to go to court.

The complaint

1. Ms X complains the Council failed to address highway disrepair by leaving a faulty streetlight unrepaired for five months, placing her at risk of falling in the dark.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Streetlights form part of the highway. Ms X had the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action was needed to bring a highway up to standard.
6. Only the courts can decide whether the Council has maintained the highway properly or is liable for any result due to a failure to repair the highway. The law also gives the Council the right to defend in court against any claims. It would therefore have been reasonable for Ms X to go to court and so we will not investigate.

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Final decision

7. We will not investigate this complaint because it would have been reasonable for the complainant to go to court.

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Investigator's decision on behalf of the Ombudsman