The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance charges. This is because the court is better placed to consider the complaint.
The complaint
Mr Y complained the Council charged him to replace broken paving slabs outside his property. Mr Y does not consider this fair as he considers the problem caused by the Council’s failure to maintain the pavement.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Council wrote to Mr Y in September 2021. It asked him to pay for repairs to the pavement outside his home as it believed damage had been caused during building work Mr Y had had done. Mr Y complained to the Council in October.
The Council responded in December, explaining it had carried out three monthly inspections. It had found damage had been done to recently replaced paving slabs during a period of works by Mr Y. It therefore asked Mr Y to pay for the repairs. It then repeated its response to the complaint in February 2022 and referred Mr Y to us. Mr Y approached us in June.
Analysis Under the Highways Act 1980, the Highways Authority, in this case the Council, may “recover the expenses reasonably incurred by them in so doing from the owner of the land in question or the person causing or responsible for the damage”.
The Council says the damage was caused during work on Mr Y’s property and it therefore considers him responsible for these costs. Mr Y appears to disagree with this. If Mr Y disputes the Council’s view, he can put in a defence to any recovery action the Council may take for these costs through the courts. The courts can decide liability, where the Ombudsman cannot decide such matters. It is therefore better placed to determine this complaint so we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because the court is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman