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. X complains the Council failed to address highway disrepair and failed to provide them with any updates.

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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)
3. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. X 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.
7. Only the courts can decide whether the Council has maintained the highway properly. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for X to go to court and so I will not investigate.
8. Also, any injustice caused to X by the Council’s failure to provide them with an update after X made their report is not significant enough to warrant investigation.

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Final decision

9. 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