ADVICE NOTE
The Clearing of Ice and Snow from Council Property
SLCC  2009 not to be reproduced without permission
Snow, Ice and Grit
As this is a recurring theme at the moment, I thought it might be helpful to set out the legal
position regarding winter maintenance.
The Highway Maintenance Powers of Local Councils
Parish and Town Councils have a power (not a duty) (in section 43 of the Highways Act
1980) to maintain:
 footpaths (not the footways running alongside carriageways)
 bridleways and
 ‘restricted byways’. (A restricted byway is, broadly, a road which cannot be used by
motor vehicles.)
If a PC or TC chooses to use this power, then they also have the power to provide and
supply grit bins, but only along those footpaths, bridleways and restricted byways. If they do
carry out winter maintenance, they must exercise reasonable care in doing so.
The Clearing of Ice and Snow from Highways
The current allocation of responsibilities for highway winter maintenance (the removal of ice
and snow) rests with the central government (through their Highways Agency) and with
County, Met. and Unitary Councils. Some District Councils (in so-called two-tier areas) have
maintenance responsibility for some minor highways under section 42 of the Highways Act
1980. The duty of a highway authority under section 41 of that Act is ‘to ensure, so far as is
reasonably practicable, that safe passage along a highway is not endangered by snow or
ice’. Cases such as Goodes v East Sussex County Council (2000) have considered the
extent of the duty. A highway authority can comply with this requirement by assessing the
traffic on its highways, prioritising the allocation of resources (allocating a reasonable
amount of work to each highway according to its traffic), and then carrying out its
maintenance work (e.g. gritting) competently.
All highway authorities and District Councils have the power to delegate to Parish and Town
Councils the Counties’ (etc) and Districts’ power in section 185 of the Highways Act to
provide and supply grit bins. This power to delegate is in section 101 of the Local
Government Act 1972. Apart from that, the section 185 power to provide grit bins is not
given to Parish and Town Councils; it applies only to Counties, Mets, Unitaries and Districts.
Eligible local Councils may however be able to use the Power of Well Being in the 2000 Act
to provide and fill grit bins, and other local councils may be able to use the power in s 137
LGA 1972. We hesitate in giving this advice because it is hard for a local council to provide
useful highway grit bins without thereby causing an illegal obstruction of the highway! In any
case councils would be well-advised to obtain the consent of the highway authority in
advance. Furthermore, if the county or district council is delegating its power to provide bins
(under s 185 of the Highways Act 1980) to the local council, then you might think it should
also delegate the finance for them.
If a local council takes on the responsibility for clearing ice and snow from any highways, it
must exercise reasonable care in doing so. If it does the job negligently, the local council will
be liable for claims arising from its negligent actions. It should check with its insurer that it is
covered before providing grit bins or taking on any winter maintenance responsibility. If
volunteer labour is used for the distribution of the grit, the same rules apply, and the council
should check its insurance and make it clear to the insurance company that it wants the
ADVICE NOTE
The Clearing of Ice and Snow from Council Property
SLCC  2009 not to be reproduced without permission
volunteers covered too. Even if a council only provides the bins and the grit and does not
organise the volunteers, it cannot escape all liability if things go wrong and the council knew
or ought to have known what was happening and failed to act with sufficient care.
Note that the power to provide litter bins (under the Litter Act) does not bring with it a power
to provide grit bins.
The Clearing of Ice and Snow from Council Property
If the snow and ice are on council land (which is not highway) the council has a duty to take
reasonable care to ensure that employees and visitors coming onto its land are safe and this
might well necessitate removing ice from a slippery path. Failure to do so could result in
claims for negligence and nuisance (just as in the case, for example, of a shopkeeper whose
car park was treacherous).
How Much Maintenance? When? Where?
Use commonsense. If everywhere is covered by two feet of snow, then people know they
must take care. But watch out and guard against those places where people may not expect
an icy spot or where, if untreated, the ground will be particularly hazardous. In general,
people do not expect (and probably do not want) the council to spend time and money
clearing a footpath across a rural field, but they will almost certainly expect to be able to walk
up the steps of the Town Hall without undue risk. Remember too, that even when clearing
snow and ice from council land, the council is only required to do what is reasonable in the
circumstances.
Personal Liability
If an individual clears snow and ice from outside his house (or elsewhere), the same general
principles apply. He must do the job competently. If he piles up the snow and blocks the
pavement, he risks being liable in nuisance. If he does the job badly and someone is injured
as a consequence, he may be liable in negligence.
Historical Background
My colleague, Nicholas Hancox, a highways law expert and author on the subject, has
provided the following comments for those of you interested in the historical background:
Roadside Grit Bins installed or maintained by Parish and Town Councils are a legal and
historical anomaly. There is no direct power for Parish or Town Councils to buy and fill grit
bins.
Under an Act of Parliament in 1555 (long since repealed), the Inhabitants of a Parish were
(collectively) the highway authority for nearly all of the highways in their area. But that
changed in Victorian times and main roads have long been the sole responsibility of central
government (Motorways and Trunk Roads) or of the County and, later, Metropolitan or
Unitary, Councils. Parish Councils ceased to have a general legal responsibility for highway
maintenance in the Local Government Act of 1894. (Incidentally, if you want to read about
the history of highways from the Middle Ages to just before WW1, there is a wonderful book
by Sydney and Beatrice Webb called The Story of the King’s Highway, happily republished
in 2009.)