Repair of highways maintainable at public expense

I am writing to you under the Freedom of Information Act 2000 to request information relating to notices issued under Section 56 of the Highways Act 1980 concerning the repair of highways maintainable at public expense.

Specifically, I request the following information for each of the last five financial years (2020/21 - 2024/25 or most recent available):

1) Volume of Section 56 Notices

a) The total number of Section 56 notices received by the authority in each financial year.

2. Outcome of Section 56 Notices

For each financial year, please provide a breakdown of outcomes for those notices, including:

a) Number of notices acknowledged but no further action taken

b) Number of notices that resulted in inspection and/or assessment only

c) Number of notices that resulted in remedial works / repairs being carried out

d) Number of notices that were rejected or deemed invalid

3. Escalation and Legal ActionFor each financial year:

a) Number of cases where the complainant progressed to court action under Section 56

b) Number of cases where the authority undertook repairs following court direction or prior to hearing

c) Number of cases where the authority successfully defended the claim

4. Time to Resolution (if recorded)If held, please provide:

Average time between receipt of a Section 56 notice and:

a) Inspection

b) Decision

c) Completion of any remedial works

5. Policies / Guidance

If available, please provide:

a) Any internal policy, guidance, or procedural documentation used by the authority in handling Section 56 notices.

1. Please see table below.

2. Please see table below.

3. Please see table and text below:

For information - Lincolnshire County Council Highways has a routine programme of inspections of the highway network and an asset management plan based on a risk-based approach that details what it will repair and within what timeframes.

Acknowledging a S46 notice with "no further action taken" is in the context of all the action already being taken in line with the asset management plan, just not directly in response to the notice received.

4. Response times between the different stages are not recorded.

Of the five notices above, the average time between receipt of the notice and responding to the notice is 13.25 days. This is based on dates recorded in relation to 4 of the notices only.

5. No records exists.