The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to carry out repairs on the highway because it would be reasonable for Mr X to serve notice on the Council and take the matter to court.
The complaint
Mr X complains the Council has failed to complete road repairs over a five-year period. He says he is concerned about how unsafe the road is and that delivery drivers are unaware they can access houses.
The Ombudsman’s role and powers
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council decided the road he uses to access his property was unsafe in 2017. He complains that no work has been done to fix the road in the last five years. He says he is concerned about the safety of the road and says some deliveries have not arrived as delivery drivers do not know the road is open to access houses.
The Council say it has taken steps to look into the cause of the issue and repair the road. It says it has obtained animal surveys to get a licence due to the impact on wildlife the repairs will have. It says the work will be carried out this year.
If Mr X believes the Council is neglecting its duty to repair the road he can serve notice on the Council then take court action for an order requiring the repairs. (Highways Act 1980, section 56) The court is able to decide whether the Council has done enough and to order it to repair the road within a deadline. This is in line with what Mr X is seeking and it is therefore reasonable to expect him to exercise this right.
There might be some cost to court action. However, that in itself does not automatically mean we should consider it unreasonable to take court action. Here, the law expressly provides the right to take court action in such circumstances.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman