Summary: We will not investigate Mr X’s complaint about Council’s failure to clear an obstruction on a public right of way. This is because it is reasonable for Mr X to pursue this matter at court.

The complaint

1. Mr X complains the Council has failed to take action to get an obstruction removed from a publicly maintained highway. He says the obstruction prevents him and other members of the public from using a turning space on the road. He wants the Council to remove the obstruction in line with its duties under the Highways Act 1980.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

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

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My assessment

6. Mr X has been complaining to the Council about an obstruction to a road near where he lives since 2022. The Council has explained to Mr X it has obtained legal advice which confirmed the matter was not a priority and did not warrant further action at this time. The Council explained it had to prioritise acting where there is a safety risk to the public. The Council has confirmed to Mr X the obstruction he has reported is recorded and it may be actioned in the future, but it could not give him a timescale for when this might happen.
7. The Highways Act 1980 sets out how disputes about obstructions on public rights of way should be resolved, including the option for a court to decide if a Highways Authority has failed in its legal duties. I have seen nothing to suggest it is unreasonable for Mr X use this process in this case. Section 130 of the Highways Act gives a member of the public the right to serve a notice on the Highways Authority requiring it to clear an obstruction. If it fails to do so, the complainant can then ask the magistrates’ court to order it to do so. We will not investigate because of this.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to pursue this matter at court.

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Investigator's decision on behalf of the Ombudsman