The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about an invoice the Council issued. This is because the courts are better placed to consider the issue at the heart of his complaint, that of whether he should have to pay the invoice.
The complaint
Mr X complains about an invoice the Council issued for the repair of damage to a footpath outside of his property. Mr X says the invoice is too high and he also disputes liability for some of the damage.
Mr X says the matter has caused him significant stress and financial burden.
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.
I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X undertook works on his property, which caused some damage to a nearby footpath. He originally agreed to pay to repair the damage and believed the Council estimated repairs to cost around £1,000.
The Council later issued an invoice for over £5,000. Mr X complains the invoice is too high and the Council has not itemised the costs involved. He also believes he is not liable to the full extent of the damage, and says that other road users have also caused damage to the footpath. He wants the Council to apologise and revise the invoice amount.
Matters of liability for the cost of highway damage are more appropriately addressed through the courts. It remains open to Mr X to negotiate payment with the Council or to pay what he thinks he should. It would then be open to him to defend himself if the Council decides to take enforcement action against Mr X for recovery of the full invoice amount.
Final decision
We will not investigate Mr X’s complaint because the courts are better addressed to consider matters of liability and damage.
Investigator's decision on behalf of the Ombudsman