Essex County Council (25 020 494)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 03 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that his property is being damaged due to the Council’s failure to maintain the highway. This is because it is reasonable for Mr B to put in a claim to the Council’s insurers, and if needed, take the Council to court.
The complaint
- Mr B complains that highway subsidence is causing damage to parts of his property. Mr B says the Council has not investigated the matter thoroughly and has wrongly decided no works to the highway are required.
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 Act 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 B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent.
- Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- Mr B may put in a claim to the Council’s insurers for the damage to his property. If the Council rejects Mr B’s claim he may pursue his claim at court.
- I find it is reasonable for Mr B to do this, either directly or via his home insurer. The courts are in the best position to decide the issue in dispute and order the Council to take specific action and/or pay damages.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman