The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about highway maintenance. The courts are better placed to consider it.
The complaint
Mr X complained the Council has failed to maintain the road his home is on, making it unsafe for users.
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 not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint, (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council had failed to maintain the road his home is on, making it unsafe for users. He said the Council had agreed to works, including resurfacing and repainting of lines.
In its response the Council said it had considered the issue, carried out inspections and continues to monitor the road.
It said road sweeping was not its responsibility, it had no plans to resurface the road and the road had been patched where required to keep it safe. Further, lining was satisfactory and did not need remarking.
Mr X can apply to the Magistrates Court for an order under section 56 of the Highways Act 1980 if he remains concerned about the quality of the repairs, or the safety of the road.
An order from the Magistrates Court can require the Council to carry out specified works. We can only ask the Council to consider if work needs completing. The Court is in the best position to decide whether the Council has met its legal duty. The Court can order the Council to do the required work, so it is better placed than us to consider the complaint. We will therefore not investigate.
Final decision
We will not investigate Mr X’s complaint because the Court is better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman