East Riding of Yorkshire Council (26 008 065)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 05 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to accept responsibility for maintaining an area of land Mr X believes is part of the public highway. This is because it would be reasonable for him to take the matter to court.
The complaint
- Mr X complains the Council has refused to maintain an area of land near his home which it previously treated as part of the public highway. He says the area is well established and requires specialist equipment and skills to maintain. He does not accept it is his responsibility to carry out or pay for the works as he does not own the land and believes it remains part of the public highway.
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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- At the heart of this complaint is a dispute over land ownership and maintenance responsibilities which is not something we can decide.
- Mr X says the Council has a duty under Section 130 Highways Act 1980 to assert and protect public rights over the adjoining highway and that the overgrown vegetation on the land interfere with those rights by causing an obstruction.
- In that case it would be reasonable for him to serve notice on the Council under Section 130A and apply to the court under Section 130B to determine the issue. The courts can decide whether the vegetation causes an obstruction and if the Council should take action to remove it. If the Council maintains its view that Mr X is responsible for the cost of any action Mr X may dispute this as part of any action to recover its costs.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman