Summary: We will not investigate this complaint about highway maintenance because it is reasonable to expect Mr Y to approach the court about the matter and the courts are better placed to deal with the complaint.

The complaint

1. Mr Y complained the Council has failed to repaint double yellow lines on the road outside his home, suggesting that a different, smaller council is responsible for this, which Mr Y says is incorrect.
2. Mr Y says this has led to his father’s driveway being repeatedly blocked by cars parking in front of his property due to a lack of yellow lines, causing inconvenience and leading to his father having an accident while trying to reverse out of his driveway.

Back to top

The Ombudsman’s role and powers

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)
4. 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, or there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. In the complaint correspondence the Council has explained that it expects a smaller, more local council to carry out the work to repaint the markings on the road outside Mr Y’s home. While it holds overall responsibility, it is not an unusual arrangement for the Council to ask a different council, often a district council for example, to carry out work on its behalf to the highway. While it ultimately holds responsibility for the works to be completed, we would not consider such an arrangement as fault, albeit that Mr Y may have found it more helpful if this had been better explained at the time. As there is however, not enough evidence of fault in this respect, we will not investigate.
7. The Council as a local highways authority has a statutory duty to maintain adopted streets. The Council is expected to routinely monitor the state of highways, depending on their classification and carry out repairs where necessary. But, the level of maintenance, frequency of inspection, and threshold for repair is not set out in law and is open to interpretation.
8. If a person considers that a highways authority has failed to maintain a highway it is responsible for, the person affected can apply to the Magistrates court for an order to be made under section 56 of the Highways Act 1980. This order requires the highways authority to carry out the work needed to the highway.
9. If the highways authority does not respond in time or does not accept it is responsible for maintaining the road, the person may apply to the Crown court for such an order.
10. Mr Y may use this process to try to get the Council to repair the road markings. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Mr Y to be expected to use this right to go to court about this matter.
11. Further, the court is in the best position to decide whether the Council has met its legal duty to maintain the highway. Also, unlike the Ombudsman, the court can order the Council to do the required work, so it is better placed than us to consider the complaint. We will therefore not investigate.

Back to top

Final decision

12. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to approach the court about the matter and the courts are better placed to deal with the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman