Information about council highway inspections, including schedules, records and repair times, and how this information may help support a personal injury claim.
We are a claims management company that can help you make a personal injury claim. Call us free on 0800 470 0472
Council Highway Inspection Schedules Explained
Local and county councils have a legal duty to keep roads and pavements safe for public use. If you have been injured due to a pothole, uneven pavement, or another defect, inspection schedules and records play an important role in establishing liability and supporting a claim against the council.
Understanding how councils inspect and maintain highways is essential to strengthen your case, especially if the council invokes the Section 58 defence. In many successful claims, inspection records are key evidence to help show that a council failed to identify or repair a defect.
This guide explains council highway inspection schedules, the different types of inspections, how often they may occur, and how gaps in records or poor maintenance can support your claim.
Key takeaways about highway inspections
- Councils must keep highways safe: Local authorities have a legal duty to maintain roads and pavements so they are safe for public use, which includes identifying and dealing with hazards such as potholes and uneven surfaces.
- Inspection schedules are risk-based: There is no fixed national timetable for inspections, as councils set their own schedules based on factors such as traffic levels, usage and the level of risk on different types of roads and footways.
- Different types of inspections are used: Councils carry out routine safety inspections as well as reactive inspections in response to reports, with more detailed checks carried out where needed.
- Defects should be addressed within a reasonable time: Hazards are typically prioritised based on risk, with more serious defects requiring urgent action, while lower-risk issues may be repaired over a longer timeframe.
- Inspection records can support your claim: Records showing when inspections were carried out, what defects were identified and how quickly repairs were completed can help demonstrate whether a council met its maintenance duties.
- Section 58 is a key defence: Councils may argue they took reasonable care to maintain the highway, but gaps in inspections, missed defects, or delayed repairs can help challenge this defence.
Table of Contents
What are council highway inspection schedules?
Council highway inspection schedules are formal programmes that specify how often carriageways, footways and cycleways are checked for safety. Under the Highways Act 1980, councils must take reasonable care to maintain highways, and this typically involves having an inspection system in place.
Key aspects include:
- Frequency of inspections – which may be monthly, quarterly, every 6 months, or annually, depending on the authority and risk level
- Type of inspection – routine, operational or detailed
- Response times – how fast repairs should be carried out depends on the category of risk and the council’s policy
- Documentation – defects, repairs and maintenance actions should be recorded
The purpose of these inspections is to identify and address defects such as potholes, loose slabs, broken kerbs and other hazards that could cause accidents.
How often should roads and pavements be inspected?
Highway safety inspections are not conducted at the same frequency on all roads and pavements. Councils tailor their schedules based on the road’s usage, traffic level and the accident risk, using a risk-based approach.
Each council has its own inspection schedules. For example, according to the Highway Safety Inspection Manual of the Royal Borough of Windsor and Maidenhead, the inspection frequency of highways is set as follows:
Carriageways
- Strategic route/Main distributor – monthly
- Secondary distributor – quarterly
- Link road – every 6 months
- Local access road/Minor road – annually
Footways
- Prestige walking zone – every 2 weeks
- Primary walking route – monthly
- Secondary walking route – quarterly
- Local access footway/Minor footway – annually
Cycleways
- Cycle lanes that are part of the carriageway – as for roads
- Cycle tracks – as for footways
How should inspections be carried out?
Depending on the type of highway, inspections can be carried out on foot or by vehicle, in line with the council’s policies. Any identified defects should be assessed and may be followed by repairs, depending on the risk level.
- Driven inspections – typically carried out using a suitable vehicle to identify visible defects on carriageways.
- Walked inspections – carried out by an inspector walking the route to identify hazards on footways and similar areas.
All inspections should be properly recorded within a highway asset management system, containing the following information:
- The inspection route
- The street/section within the route
- The date of inspection
- The name of the inspectors
- Any actionable defects found (including the type, location and nature)
- An assessment of the overall condition of the highway
Types of highway inspections
Councils carry out several types of inspections to help ensure user safety, including routine and reactive inspections:
- Routine (safety) inspections – carried out to identify obvious defects such as potholes or broken pavements that can pose an immediate danger to users; these are scheduled at intervals determined by the authority.
- Operational inspections – may be carried out to check that certain highway assets, such as lighting or traffic systems, are functioning correctly.
- Detailed inspections – more thorough inspections carried out where required to assess condition or investigate specific issues.
- Reactive inspections – carried out in response to reports or complaints from members of the public.
How fast should repairs be carried out?
The duties of highway authorities include repairing defects within a reasonable time, depending on the level of risk, or placing warning signs if immediate repair is not possible.
Exact repair times vary between councils, but defects are usually prioritised based on risk level. Higher-risk defects that pose an immediate danger are typically made safe or repaired as soon as possible, while lower-risk defects may be scheduled for repair within longer timeframes.
If inspections or repairs are not carried out properly, and you are injured due to hazardous road conditions, you may be able to make a pothole accident claim or a pavement trip compensation claim.
How to access council inspection records by submitting a request
You have the legal right to request inspection records from councils, typically under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004. Here’s how:
- Identify the council responsible for the road or pavement where the accident occurred.
- Write a formal request specifying exactly what you need, such as:
- Routine inspection records to confirm whether these were carried out on time.
- Defect reports of any identified hazards and their severity.
- Maintenance logs to confirm if the defect was addressed within the target repair time.
- The exact location and period of time you are interested in.
- Photographs or survey notes detailing the road or pavement condition.
- Records demonstrating how the council has met its maintenance duties.
- Submit the request via the council’s online portal, email or post, including your name and address.
- Councils will usually respond within 20 working days, although complex requests may take longer.
How inspection records can help your claim
If you make a claim for an accident caused by a road defect, and the council defends it, inspection records can support your claim by highlighting gaps in inspections, unrecorded hazards, or delayed repairs.
Section 58 of the Highways Act 1980 is a statutory defence that highway authorities can use against claims for damages if they can show they took reasonable care to ensure the road was not dangerous. Inspection logs are key evidence in such cases, because:
- Gaps in records may indicate failures in monitoring and maintaining the road.
- Defects recorded but not repaired may show that a known hazard was not addressed.
- Unrecorded defects may suggest inspections were not carried out thoroughly.
- Delays between recordings and repairs may indicate that maintenance was not carried out within a reasonable timeframe.
Well-documented inspection failures can significantly strengthen your claim and may make it easier to challenge the council’s defence.
Speak to a solicitor about a claim against your council
If you’ve been injured due to a road or pavement defect, early legal advice is crucial. A solicitor with expertise in claims against the council can help you:
- Obtain and analyse council inspection records
- Identify gaps and failures in the inspection system
- Challenge the Section 58 reasonable inspection system defence
- Handle all communication on your behalf
- Help you present evidence efficiently
- Maximise your potential compensation
Don’t forget to take photographs of the pothole or pavement defect immediately after the accident, ask for the contact details of witnesses and seek immediate medical care. Strong evidence is essential to support a personal injury claim for compensation.
Call 0800 470 0472 today or use our online claim form to request a free case assessment and discuss your situation with an experienced legal adviser.
