The Ombudsman's final decision
Summary: We will not investigate this complaint about failure to maintain an unadopted highway. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s failure to maintain a lane where he lives which is unadopted but is used by the public. He says past occasional surfacing by the Council has broken down and was unsatisfactory.
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 not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
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 lives on a lane which is unadopted by the Council. He says that in the past ten years the Council carried out a surface dressing but this broke down quickly and the road is almost impassable when there has been heavy rain causing the surface to deteriorate.
The Council told Mr X that the lane is not adopted on the Definitive Map and Statement and its list of adopted highways. The lane is not a highway maintainable at public expense as set out in the Highways Act 1980 and is the responsibility of the private frontagers. The surface dressing in the previous decade was carried out as a discretionary measure using left over waste planings and does not create any responsibility for further maintenance.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. I this case the Council has properly explained the responsibilities of the highway authority and private owners with regard to the unadopted road.
Final decision
We will not investigate this complaint about failure to maintain an unadopted highway. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman