The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint the Council is failing to maintain or repair a main road causing danger to road users. Mrs X has an alternative remedy at court which it is reasonable for her to use.
The complaint
Mrs X complains the Council is failing to properly maintain and repair a main road which runs to the border with a nearby borough council. Mrs X says the Council uses chalk stone which does not properly repair potholes. She says she has had damage to her car tyres three times. Mrs X says her main concern is the safety of the road because a driver must evade potholes. She does not pay for repairs to her own vehicle. Mrs X says the Council says part of the road is the responsibility of a social organisation. She says it wastes government money. She says the Council should do more than occasional and haphazard repairs.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions 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) We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
I have considered Mrs X’s information and comments and discussed the complaint with her by telephone. I have considered Mrs X’s photograph of the road and internet street scene views of the area.
My assessment
I will not investigate this complaint for the following reasons: The complaint is outside the Ombudsman’s jurisdiction because Mrs X has a legal remedy. The Highways Act 1980, sections 56-58, says a person can apply to court for an order requiring the highway authority to repair a highway which is out of repair.
I consider it reasonable for Mrs X to use her legal remedy. Although she tells me she cannot afford to go to court it is for a court to decide if a road is maintainable at public expense and is in a state of disrepair. A court can also award damages for costs of repair to a vehicle if the Council was negligent. A court has the power to direct the Council to take action.
We cannot investigate a complaint that the Council is wasting public money because it affects all or most residents (see paragraph 4 above).
We will rarely investigate complaint handling where the main complaint is not being investigated.
Final decision
The Ombudsman will not investigate Mrs X’s complaint the Council is failing to maintain or repair a main road causing danger to road users. Mrs X has an alternative remedy at court which it is reasonable for her to use.
Investigator's decision on behalf of the Ombudsman