The Ombudsman's final decision
Summary: We will not investigate Mx X’s complaint that the council has failed to properly maintain a bridleway. This is because it would be reasonable for Mx X to serve notice on the Council and take the matter to court.
The complaint
The complainant, Mx X, complains the Council has failed to properly maintain a public bridleway which provides access to their home.
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 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)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Section 41 of the Highways Act 1980 places a duty on highway authorities to maintain public highways. Highway authorities are expected to routinely monitor the state of highways for which they are responsible and to carry out repairs where necessary.
The Council confirms the bridleway is maintainable at the public expense but considers it is in a suitable condition for its intended use. It has therefore declined to carry out repairs.
Although the Council’s duty to maintain public highways is set out in law the level of maintenance, frequency of inspections and threshold for repairs is not. It is therefore open to interpretation.
We cannot interpret the law to say the Council has failed to fulfil its duty but Section 56 of the Highways Act 1980 provides an alternative remedy for this issue. Mx X may serve notice on the Council and, if it does not act, they may apply to the court for an Order requiring it to carry out repairs. They may also make a claim for any damage or injury they have suffered as a result of the alleged disrepair.
Only the courts may decide whether the Council has fulfilled its statutory obligation and whether it is liable for any damage or injury. We therefore consider it would be reasonable for Mx X to follow the process set out above.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mx X to serve notice on the Council and take the matter to court.
Investigator's decision on behalf of the Ombudsman