Staffordshire County Council (24 007 504)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 17 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s failure to properly maintain the public highway. This is because it would be reasonable for Mr X to take action through the courts.
The complaint
- The complainant, Mr X, complains the Council failed to take action to repair a defect in the highway. He says this resulted in damage to his vehicle and the Council’s insurers have not yet responded to his claim for compensation. He is also concerned the Council has still not carried out repairs to the highway, which he says is in a dangerous condition.
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)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- It is not for us to determine the Council’s liability for the damage to Mr X’s car. This is a matter for the courts. The law provides a specific defence against such claims and it would not be appropriate for us to deny the Council the opportunity to use it.
- Mr X may also apply to the court for an order requiring the Council to carry out repairs to the highway. The process for this is set out at Section 56 of the Highways Act 1980. We would not investigate the matter further because there is no set level of maintenance under the Act. It is therefore a question of interpretation as to when a council must carry out repairs and only the courts can determine whether the Council has fulfilled its duty.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.
Investigator's decision on behalf of the Ombudsman