Unadopted Roads

[Nosy Rosy]

Can a claim be made against anyone for having an accident with injuries if the road is unadopted and in dire condition? How can someone be made responsible for it's repair? This particular road is the only road that can be used to gain access to 2 primary schools and a council run nursing home.

[dzug]

You MIGHT have a case against the owners of the road who are on the face of it the two schools and the nursing home.

OTH you know it's in dire condition and should drive accordingly.

[Nosy Rosy]

The road is not owned by the council/schools/nursing home; there are 5 residential properties on the road and after the last house there is a gate which seperates the schools/nursing home from the road; my friend was accessing the school on her pedal cycle and hit a large pothole in the road which was covered by leaves...any ideas??

[buildersmate]

Is it a public right of way? If so what category - footpath, bridleway or byway?

[colin6789]

It must be a Byway as vehicle must use it to get to the school and nursing home. seems very odd to have these three buildings not serviced by a public road, is it a very rural area. How did the council get planning permission for these buildings, or did it give it to itself.
Are any of the buildings new, could the contractors building traffic have damaged the road, or the greatly increased traffic.
Is your friend employed by the school directly or indirectly, she may be able to claim from them as they should have made provision for safe access.
You could try to get the council to take over the road, the residents may go for that for a plice to get off the maintenance and any legal costs or insurance. The coulcil should be shamed into taking it on as it should have adopted it before one or all of the buildings were constructed.

Good Luck

[buildersmate]

That's why I'm asking the question, Colin.
It seems so unlikely the primary access to two schools is via a public highway that is unadopted - unless it is a recent development and hasn't been properly handed over to the local authority for adoption. Something is not right.

[Nosy Rosy]

Thanks for all your advice - my friend is employed directly by one of the schools; the schools and home have been there 40 years plus?

[colin6789]

This seems a very unusual situation, as buildersmate thinks as well. See what the school head and governors think, they could get together with the other school and nursing home to get the council to adopt the road, or get the house owners to pay for the road to be improved, as it would seem to be there responsibility and there liability for injury caused by bad repair, as the council is for normal roads. maybe that could do it between them and then the road be adopted.
Was the site of the schools and nursing home a old large house or farm before they were build. I can not make out the reason for this situation. The householders should have objected to there building at the time and the council would have had to get access rights to the buildings from them, or I would hope so.