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. Mr X complains the Council failed to adequately repair dangerous highway defects and remove obstacles.
2. Mr X says the issues have been ongoing since 2022 when the Council carried out roadworks to the highway. Mr X complains the Council roadworks removed double yellow lines and left lamppost excavations sites open but marked by barriers that people frequently move. Mr X is concerned the issues with the highway create safety risks to himself as well as pedestrians with certain protected characteristics under the Equality Act 2010. He says, after upholding his more recent complaint in February 2026, the Council carried out some repair works, but the works failed to address the most dangerous defects.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended
4. 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

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

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My assessment

7. Mr X first complained to the Ombudsman in July 2026, meaning we would not usually look at matters before July 2025. This means Mr X’s complaint is late so far as it concerns matters dating back to 2022. I have seen no good reasons to exercise discretion. So, we will not investigate the late part of Mr X’s complaint.
8. In any event, if we were to exercise discretion on lateness, we would 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 a highway up to standard.
9. Only the courts can decide whether the Council has maintained the highway properly and whether any repairs already carried out are sufficient. 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 and so we will not investigate.

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Final decision

10. We will not investigate this complaint because it is reasonable for the complainant to go to court.

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Investigator's decision on behalf of the Ombudsman