Written question asked by Chris Bloore (Labour) on Friday, 9 October 2026, in the House of Commons. It was due for an answer on Tuesday, 13 October 2026. It was answered by Justin Madders (Labour) on Friday, 16 October 2026 on behalf of the Department for Transport.

Roads: Repairs and Maintenance

Question: To ask the Secretary of State for Transport, if she will make an assessment of the potential merits of Section 58 of the Highways Act 1980 to help ensure fair treatment of motorists when Councils review damage claims caused by potholes.

Answer: The consideration of compensation claims arising from alleged highway defects, including potholes, is a matter for the relevant highway authority. Local highway authorities have a duty under section 41 of the Highways Act 1980 to maintain highways maintainable at public expense. Section 58 of that Act provides a statutory defence to a claim for breach of that duty, where the authority can show it had taken such care as was reasonably required in the circumstances. Where liability is disputed, it is ultimately for the courts to determine whether that defence applies.

Secondary information