Summary: We will not investigate this complaint about the Council’s decision to invoice Mrs X for damage to the footway outside her home. Further investigation would not lead to a different outcome. We cannot determine legal claims about damage to property and the courts are better placed to consider these matters.

The complaint

1. Mrs X complained about the Council’s claim that she caused damage to the footway outside her home which requires the replacement of paving slabs which the Council says she will have to pay for. She denies damaging the footway and replacing paving stones with non-standard types which the Council says are unsuitable.

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The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she received an invoice in 2026 for repairs works of over £550 for damaging the paving slabs outside her home during building works in 2025. She disputes the Council’s claim and says that she has photographic evidence that her contractors carrying works did not use the footway for the work or cause any damage.
6. The Council says that it has detailed inspection reports and photographic evidence of the footway before and after the works which confirms it was damaged during this period. It is claiming the damages under Highways Act 1980 powers for restoring the footway to the previous standard. The Council says it will impose a local land charge on Mrs X’s property if she fails to pay the invoiced amount.
7. This is a private dispute over a claim for damage to the Council’s highway land. We are not a court or an appeal body and we cannot say whether the evidence of either party is correct. If Mrs X wishes to challenge the Council’s claim and its raising a charge on her property the courts are the only body which can determine these matters. The Council believes it has used its highway powers correctly and we cannot overturn this decision.

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Final decision

8. We will not investigate this complaint about the Council’s decision to invoice Mrs X for damage to the footway outside her home. Further investigation would not lead to a different outcome. We cannot determine legal claims about damage to property and the courts are better placed to consider these matters.

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Investigator's decision on behalf of the Ombudsman