The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council invoicing Mr X for damage to the public highway. The courts are the body best placed to determine a claim about damage to public property.
The complaint
Mr X complained about the Council sending him a bill for £217 for damage to the footway caused during building works at his home. He says he has evidence that the damage was caused by a water utility company but the Council is adamant he should pay for the repairs.
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: we cannot achieve the outcome someone wants, or 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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council sent him an invoice for damage to the footway outside his home. It says he is responsible for the damage because inspectors noted that this had been increased substantially following an initial inspection. Mr X says he has evidence that a utility company caused the damage but the Council has dismissed his evidence.
The Council told him that its inspectors noted the damage prior to the date when Mr X claims the water company caused it. The Council has powers as the highway authority to recover the costs under the Highways Act 1980 as amended by the Transport for London Act 2013.
We cannot determine legal liability for a claim of damage to the public highway. If the Council takes court action over the matter, then Mr X will have an opportunity to defend this and present his evidence to the court.
Final decision
We will not investigate this complaint about the Council invoicing Mr X for damage to the public highway. The courts are the body best placed to determine a claim about damage to public property.
Investigator's decision on behalf of the Ombudsman