Summary: We will not investigate this complaint about highway repairs because it is reasonable to expect Mr Y to go court about the matter and the court is better placed to consider the complaint.

The complaint

1. Mr Y complained the Council has tried to charge his for repairs to the pavement which he says he is not responsible for.
2. Mr Y says the Council’s pursuit of him for the costs of approximately £1,000 has caused him distress, worry and outrage as he says he is not liable for the costs.

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The Ombudsman’s role and powers

3. 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)
4. 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))

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How I considered this complaint

5. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y initially complained to the Council in March 2024 after he received a notice to pay for repairs to the pavement outside of his property. Mr Y disputed that the damage to the pavement had been caused by him, but the Council has maintained that the damage was caused by works carried out by Mr Y at his property. It has therefore charged Mr Y for the cost of repairs to the pavement under s133 of the Highways Act 1980.
7. Under s133 Highways Act 1980, Council can recover costs of repairs to the highway, in this case the pavement, from those who cause damage to it. Where a person disputes their liability for the costs charged by the Council, it is for that person to dispute this through the courts. We cannot decide liability in such situations, where the courts can.
8. As the courts can decide liability where we cannot and there is a right to dispute such charges in court, it is reasonable to expect Mr Y to use this right and approach the court. This is particularly as the court is better placed to consider the complaint. We will therefore not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to go court about the matter and the court is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman