Summary: We will not investigate this complaint about the Council providing information on how to use electric charging cables on the public highway. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X says the Council is giving information to the public on how to lay an electric charging cable across a footway. He says laying a cable across a footway is not safe. Mr X believes section 162 of the Highway Act is clear that there is a penalty for placing rope or other apparatus across the highway.

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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 there is not enough evidence of fault to justify investigating.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s concerns, the Council says laying a cable across a footway is not illegal. However, it can become illegal if it is obstructing the footway or causing a significant health hazard.
6. The Council says electric cars and the need for charging cables are becoming more common. Therefore, it provides information and guidance to make people aware of the risks in laying cables across footpaths that are part of the public highway and how to mitigate that risk. It also provides people with information about taking insurance to assist in covering a civil claim that could be made against them.
7. Mr X says s162 of the Highways Act 1980 is clear that laying cable or rope across a highway is an offence. However, the Act says:
   “A person who for any purpose places any rope, wire or other apparatus across a highway in such a manner as to be likely to cause danger to persons using the highway is, unless he proves that he had taken all necessary means to give adequate warning of the danger, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.”
8. So, laying a cable across a public footpath is not automatically illegal. I have not seen enough evidence of fault in the Council’s decision to provide information to the public to advise them of their responsibilities.

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Final decision

9. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman