The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s maintenance of a road because it is reasonable for Mr X to go to court.
The complaint
Mr X complains the Council failed to address highway disrepair, specifically the repair of reported potholes, resulting in the risk of damage to his car.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
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 My X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council have failed to act on reports that he has made about potholes quickly enough. Meaning they still pose a risk of damage to his car.
The Council has outlined its approach to highway maintenance and repairs in response to Mr X’s complaint. It explained that most of the potholes reported by Mr X have either been repaired or are scheduled for repair. The Council also confirmed that, during inspections prompted by the reported defects, additional potholes were identified and repaired.
If Mr X is unhappy with the work that has been completed by the Council, he has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring a highway up to standard.
Only the courts can decide whether the Council has kept the highway properly or is liable for any damage to property due to a failure to repair the highway. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for Mr to go to court and so I will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for Mr X to go to court.
Investigator's decision on behalf of the Ombudsman