Pavements maintainable at public expense

[Deebop123]

I have been reporting the pavements to my local council for a number of years, you cannot walk down them as the hedgerows are overgrown or the vegetation is.
Historically the pavements had flagstones which have in part been replaced with tarmac and in other places nothing, which means they have become overgrown.
Initially the council said that they weren’t pavements they were verges, then that the land they were on didn’t belong to the council. I managed to obtain a general map from foi which showed that the pavements were maintainable at the public expense. But the map was general and didn’t show exactly where the pavements are, as the foi stated that just because there was a kerb stone it didn’t indicate that there was a pavement there. Subsequent foi and the council claims the maps indicating exactly where the pavements are have been lost, then destroyed. Shouldn’t councils have records/maps of exactly where the pavements are?
The senior highways engineer claims that the pavements are safe, yet in the same email states that there are points across the network where pedestrians will have to leave the constructed footpath and continue on the metalled carriageway. Surely this is a contradiction, how can the pavements be safe if you have to walk up the road?

[EnglandPi]

Local authorities are responsible for maintaining all public roads, pavements and walkways within their boundaries. These should be kept in a safe condition and free from obstructions that could cause harm to members of the public. This obligation is legislated under the Highways Act 1980.

[Deebop123]

Local authorities are responsible for maintaining all public roads, pavements and walkways within their boundaries. These should be kept in a safe condition and free from obstructions that could cause harm to members of the public. This obligation is legislated under the Highways Act 1980.

Thanks I’m aware of the legislation. However I’ve come to the conclusion that my council has decided to pretend that the pavements don’t exist, as the cost of repair would be too much.
what are you supposed to do when the senior highways engineer declares that they are safe, yet you have to walk on the road as the pavement is overgrown with brambles, nettles and various other vegetation?

[EnglandPi]

You could take matters into your own hands by forming a work party from the local community to clear the vegetation after first obtaining permission from your local council.

You may even be able to get a grant for tools etc.

[echat11]

Hi DEEBOP123

Have you contacted your local MP, lodge a complaint with him, send him some pics.
A video if you feel confident. Clearly a Health and Safety issue if they are unsafe.
If you canvass the local community, then you can send a collective complaint to the MP.

[Deebop123]

Hi DEEBOP123

Have you contacted your local MP, lodge a complaint with him, send him some pics.
A video if you feel confident. Clearly a Health and Safety issue if they are unsafe.
If you canvass the local community, then you can send a collective complaint to the MP.

Yes I was considering that this would be the next step, though it would be good to know exactly where the pavements are to know the full extent of the problem. The council are the custodians of the information and are reluctant to divulge any information. It is the council who respond to any freedom of information requests so the are being deliberately obstructive.

[des8]

Worth a read: https://www.lgo.org.uk/decisions/tra...ce/18-015-112#!

[Deebop123]

Worth a read: https://www.lgo.org.uk/decisions/tra...ce/18-015-112#!

that’s really interesting I haven’t seen that. Though I have been reading this

https://www.judiciary.uk/wp-content/...C-Judgment.pdf

I have found out that the pavements in question are maintainable at the public expense, but the council are trying to say that they’re not pavements but verges. Freedom of information requests have given responses of, they’ve lost the maps or they’ve been destroyed as to the exact locations of the pavements. I’ve referred this to the ico and await a response from them.
I suspect the council are trying to bury the fact that there are any pavements there, as the cost of repair would far exceed any compensation claim made against them. I have contacted my local MP and waiting for a response from him. I think the way forward will most likely be magistrates court, which I think would need to be a community response.