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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70289
Experience:  Over 5 years in practice
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Hi, I am a disabled, 73 year old I am in receipt of DLA Higher

Customer Question

Hi,
I am a disabled, 73 year old I am in receipt of DLA Higher Rate Mobility - Essex County Council are responsible for the Public pathway outside my home and it is very much need of repair. My Wheelchair is forever getting punchers which is a problem. I have been in touch with them for the past 3 years and they are insisting the path does not need repair. It has large holes, loose stones, grass growing in the cracks the drain is completely covered with dirt and it is an accident waiting to happen - is there anything more I can do other than just complaining and being ignored

Regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you actually sent the council a formal complaint letter?
Customer: replied 3 years ago.

Yes I have sent a formal complaint and the response was that they had sent someone to look at the path and in their opinion it was not need of repair at present but they would consider it again in 6 weeks - this was some time ago and it is getting worse

Expert:  Jo C. replied 3 years ago.
Thanks

I assume that you do not want to spend a lot of money on this in court and legal costs?

What I would do therefore is right back to the council and tell them that unless they get this repaired within the next 21 days, you will have no option but to make a formal complaint to the Local Government Ombudsman. The Local Government Ombudsman is fortunately free of charge

The Local Government Ombudsman will look at the situation and the council's decision and decide whether the council have taken the correct action or not. The ombudsman does have the power to make the council do the work and, if appropriate, award you compensation.

There is an alternative and that is to make an application to court for judicial review of the council's decision however that is likely to cost you thousands of pounds if your application is unsuccessful.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/