The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s maintenance programme and policy for the highway system in Lancashire. We cannot investigate complaints about something which affects all or most of the residents in a council’s area.
The complaint
Mr X complained about the Council’s policy of resurfacing roads in the county on a priority basis which leads to long periods when roads are not repaired. He says it should be proactive in maintaining all the roads before they are in disrepair. He also complained about the system of making temporary repairs to potholes which are not properly bonded or sealed from the elements.
The Ombudsman’s role and powers
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he travels on many roads in the county and they are in a poor state of repair. He complained to the Council about the poor condition of several roads and the repairs carried out to potholes which were not properly sealed so would be damaged in a short time by water ingress.
The Council told Mr X that it has a long-term maintenance plan for managing highway assets and that this is based on guidance issued by the Department for Transport. The Council surveys 50% of the network each year and prioritises roads according to their usage as well as their condition. It does not have the resources to carry out all repairs in any one year so a priority system is used.
Where an urgent need for a repair to a pothole or defect is required, the Council will carry out a reactive repair. Mr X disagrees with the process used as he believes a sealing coat is necessary. The Council says it uses a bonding system where the infill material is bonded to the surface inside the hole.
Councils acting as highway authorities have a duty under the Highways Act 1980 to maintain the public highway system. The legislation does not specify how it should do this or set any timescales for works. The Department for Transport has issued guidance on prioritising repairs using programmed maintenance. The Council says its system is based on the guidance.
Mr X’s complaint concerns the maintenance of the highway system in the county and this affects all or most of the residents in the area covered by the Council. We cannot investigate where the complaint concerns a policy affecting the whole of a council’s area and not just personal injustice to the complainant.
Final decision
We will not investigate this complaint about the Council’s maintenance programme and policy for the highway system in Lancashire. We cannot investigate complaints about something which affects all or most of the residents in a council’s area.
Investigator's decision on behalf of the Ombudsman