The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council wrongly pursuing him for the cost of the repairs to the pavement outside his property. This is because it would be reasonable for Mr X to take the matter to the courts.
The complaint
Mr X complained after building works were completed on his property, the Council wrongly pursued him for the cost of repairs to the pavement outside his property. Mr X said the matter has caused him distress. He wants the Council to stop pursuing him for the cost of the repairs and to provide him with apology for the injustice caused.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council told Mr X he was responsible for the damage caused to the pavement outside his property following building works which were completed on his property. It said it had monitored the pavement whilst the building works were being carried out.
Mr X disagreed with the Council. He said the pavement was already in disrepair and the Council had no supporting evidence which showed he was responsible for the damage. He also said it was a high footfall area which could have contributed towards the damage. He complained to the Council however, the Council maintained its position and that it was reasonably pursuing Mr X for the cost of the repairs.
Section 133 of the Highways Act 1980 states, councils can recover reasonable costs for repairing damage to pavements from those who are responsible for the damage. Where an individual disputes the liability for the costs of repairs, it is open to them to dispute the matter through the courts. The courts are better placed to consider such matters. We cannot establish liability in such cases through our investigation work. It would therefore be reasonable for Mr X to pursue the matter via the courts. Consequently, we will not investigate Mr X’s complaint.
Final decision
We will not investigate Mr X’s complaint as it would be reasonable for him to pursue the matter via the courts.
Investigator's decision on behalf of the Ombudsman