Closed
Recurring Surface Failure – Previous Report Closed Without Permanent Repair
Sent to Oxfordshire County Council less than a minute later
Various large, vehicle-damaging potholes at this location have been present for well over seven years. The site has been subject to repeated temporary patch repairs, many of which have failed within days, yet the issue has repeatedly been marked as “fixed” without a lasting solution.
These defects are not only capable of causing significant vehicle damage, but also present a serious risk to cyclists, who may be unable to see or avoid the potholes in time and could be thrown into traffic.
This section of road has never received a proper long-term repair, only repeated temporary patching that continues to fail. The condition of the carriageway is deteriorating and requires an urgent permanent repair, not further short-term patching.
Local residents are increasingly concerned about the safety risks and the ongoing damage being caused to vehicles.
Please do not close this report until the underlying issues have been properly resolved.
Council ref: ENQ261090024
Updates
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This issue has previously been reported under the following reference numbers:
Previously reported under Council refs: 03/04/2023 - ENQ23955588 30/03/2023 – ENQ23954452 09/01/2023 – ENQ23942878 05/01/2023 – ENQ23942368 05/01/2023 – ENQ23942367 08/12/2025 - ENQ251067499 22/12/2025 - ENQ251069740 22/12/2025 - ENQ251069735 23/12/2025 - ENQ251069874 23/12/2025 - ENQ251069875 29/12/2025 - ENQ251070440 08/01/2026 – ENQ261071552 08/01/2026 - ENQ261071553 23/01/2026 - ENQ261076471 25/01/2026 - ENQ261077210 26/01/2026 - ENQ261077537 29/01/2026 - ENQ261078731 04/02/2026 - ENQ261080424 07/02/2026 - ENQ261081711 07/02/2026 - ENQ261081712 07/02/2026 - ENQ261081715 10/02/2026 - ENQ261082878 14/02/2026 - ENQ261084530 14/02/2026 - ENQ261084531 19/02/2026 - ENQ261086224 19/02/2026 - ENQ261086226 19/02/2026 - ENQ261086230 23/02/2026 - ENQ261087595 23/02/2026 - ENQ261087598 23/02/2026 - ENQ261087206 26/02/2026 - ENQ261088511
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Thank you for your enquiry. This issue has been passed onto the relevant team for investigation.
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Under Section 41 of the Highways Act 1980, the local highway authority has a statutory duty to maintain highways that are “maintainable at public expense”.
This usually means: - County councils - Unitary authorities - London borough councils - Transport for London (TfL) for some major routes
Maintenance includes: - Repairing potholes - Keeping the road safe for normal use - Inspecting roads at reasonable intervals
A highway includes: - Roads and carriageways - Pavements/footways - Cycle paths - Some verges and footpaths
If someone is injured or their vehicle is damaged, they may bring a civil claim against the council.
However, councils can rely on a defence under Section 58 – Highways Act 1980. This is known as the “reasonable maintenance” defence. To succeed, the council must show they:
- Had a reasonable inspection system - Inspected the road on schedule - Took reasonable steps to repair defects - Did not know (and could not reasonably have known) about the pothole
Courts look at: - Road type (motorway vs residential) - Traffic levels - Size and depth of the pothole - Time the defect existed - Inspection frequency
In the above images, there is clear evidence that the damage is not isolated, but also of: - Large, deep potholes (many appear >40mm deep) - Clusters of defects rather than isolated damage - Water-filled potholes (suggesting prolonged existence) - Edge failure near kerbs and gullies (structural weakness, not sudden damage) - Repeated patching and failed repairs - White paint marking defects (clear evidence the council knew) - Some defects appear unchanged over multiple years. - A repair that predictably fails is not a reasonable repair.
This is a systemic failure on the councils behalf, which they would be unable to defend using s.58 Highways Act 1980.
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19/01/2026 - The highway authority undertook a temporary repair last week by infilling the potholes with tarmac, thereby accepting that the defects met the authority’s intervention threshold.
That repair failed within days, reverting to a dangerous condition under normal traffic conditions. This demonstrates that the repair was not reasonable, and that the highway is not being maintained in accordance with the duty imposed by section 41 of the Highways Act 1980.
In these circumstances, reliance on the statutory defence under section 58 of the Highways Act 1980 would be denied by a court.
A repair which: - fails almost immediately, - breaks up under normal traffic loading, and - reverts to a hazardous state,
Does not constitute “reasonable maintenance” for the purposes of section 58.
While temporary repairs may be permissible, the law requires that such repairs: - remain safe for road users, - are appropriately monitored, and - are followed up by a permanent repair or suitable traffic management where failure occurs.
None of these steps have been taken. The authority has therefore failed to discharge its statutory duty, and this constitutes a breach of duty.
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28/01/2026 - These images show the temporary tarmac repair has already failed. The potholes have reopened and are now water-filled, with loose material breaking up under normal traffic.
Vehicles are being forced to cross onto the opposite side of the carriageway to avoid the defects. This is not always possible due to parked vehicles, creating a clear and immediate safety risk, particularly at night and in wet conditions.
No follow-up repair or interim safety measures have been put in place. Given the rapid failure of the temporary repair and the current condition of the carriageway, this location now requires urgent attention, either by a permanent repair or appropriate traffic management.
Please treat this as a priority safety issue.
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Dear Sir or Madam,
I am writing to make a formal complaint regarding the condition of the carriageway at Oxford Road, Kidlington, OX5 1DA, and the authority’s repeated failure to carry out an effective repair.
This section of road has been reported on multiple occasions since 2017 due to the presence of deep potholes and widespread surface failure. 2 weeks ago, the authority undertook a temporary tarmac repair, thereby acknowledging that the defects met the intervention threshold.
However, within days, the temporary repair failed. The potholes have reopened, loose material has broken up under normal traffic, and the defects are now water-filled and expanding. Photographs taken on 27 and 28 January 2026 clearly show the rapid deterioration and the unsafe condition of the carriageway.
The road is now virtually impassable without risking vehicle damage. Vehicles are being forced to cross onto the opposite side of the carriageway to avoid the defects, which is not always possible due to parked vehicles. This is creating a clear and immediate safety risk, particularly at night and in wet conditions.
No adequate follow-up repair, monitoring, or interim safety measures have been put in place despite the known failure of the temporary works. The repeated failure of short-term patching at this location strongly suggests that the current approach is inadequate and that a permanent repair or appropriate traffic management is now required as a matter of urgency.
I am concerned that the authority is failing to properly discharge its duty to maintain the highway in a safe condition. I therefore request: 1. Immediate action to make this section of road safe, including a permanent repair or appropriate interim measures. 2. Confirmation of when the road will be properly repaired. 3. An explanation of why the recent temporary repair failed so quickly and what steps will be taken to prevent recurrence.
Please treat this as a formal complaint and provide a written response in accordance with the council’s complaints procedure.
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01/02/2026 - Sadly, the potholes on this stretch of the carriageway are now growing menacingly more threatening. We will now be updating pictures with the aid of a tape measure, every few days, to inform the Council of the ever-increasing size of these potholes. Sadly, no pictures of the depth of the potholes having lost tape measure in one of the bottomless pits.
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03/02/2026 - Concur that this road has been falling apart for a long time but that the issue has recently been escalating day by day. It is in a disgraceful state for such a well-used road. Thank you to the individual documenting.
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04/02/2026 - Multiple reports relating to this slip road were marked as “fixed” by the council. This is incorrect.
As clearly shown in these images taken today, only some of the potholes have received minor temporary tarmac infills, while others have been left untreated. No substantial or permanent repair has been carried out.
The areas that have been patched show poor workmanship and are consistent with previous temporary repairs at this location, many of which have failed within days. This repeated approach has demonstrably failed and does not address the underlying defects.
Large, vehicle-damaging potholes remain present, particularly along the carriageway edge and around drainage points. These defects continue to pose a serious and ongoing safety risk to road users, including cyclists, and are causing repeated vehicle damage.
This section of road has a well-documented history of repeated reports and failed temporary repairs spanning several years. Marking this issue as “fixed” does not reflect the reality on site and is misleading.
This location requires a proper long-term repair as a matter of urgency, not further short-term patching.
Please do not close this report until all defects have been properly addressed and a durable repair has been completed.
Why is our council continually failing us?
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04/02/2026 - Multiple reports relating to this slip road were marked as “fixed” by the council. This is incorrect.
As clearly shown in these images taken today, only some of the potholes have received minor temporary tarmac infills, while others have been left untreated. No substantial or permanent repair has been carried out.
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04/02/2026 - Multiple reports relating to this slip road were marked as “fixed” by the council. This is incorrect.
As clearly shown in these images taken today, only some of the potholes have received minor temporary tarmac infills, while others have been left untreated. No substantial or permanent repair has been carried out.
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Despite being marked as “repaired” on 04/02/2026, multiple potholes have reopened, temporary tarmac infills have failed within days, and several defects remain untreated. In places, the surface has deteriorated further, with loose material, exposed sub-base, and water-filled potholes present across the site.
One particular pothole, shown in the images below, is extremely dangerous and is deep, water-filled, and unavoidable. Every vehicle approaching it is forced to take evasive action to avoid damage. Drivers are swerving suddenly and crossing their lane, creating an immediate and ongoing danger to all road users.
This is not a minor defect and cannot be addressed with further temporary patching. The size, depth, and location of this pothole mean the road cannot be used safely in its current condition.
This location should not have been marked as repaired. The defect remains and presents a clear and serious hazard. Urgent action is required to make this section of road safe.
Please do not close this report until the highway has been fully and permanently repaired and made safe.
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Despite being marked as “repaired” on 04/02/2026, multiple potholes have reopened, temporary tarmac infills have failed within days, and several defects remain untreated. In places, the surface has deteriorated further, with loose material, exposed sub-base, and water-filled potholes present across the site.
One particular pothole, shown in the images below, is extremely dangerous and is deep, water-filled, and unavoidable. Every vehicle approaching it is forced to take evasive action to avoid damage. Drivers are swerving suddenly and crossing their lane, creating an immediate and ongoing danger to all road users.
This is not a minor defect and cannot be addressed with further temporary patching. The size, depth, and location of this pothole mean the road cannot be used safely in its current condition.
This location should not have been marked as repaired. The defect remains and presents a clear and serious hazard. Urgent action is required to make this section of road safe.
Please do not close this report until the highway has been fully and permanently repaired and made safe.
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Despite being marked as “repaired” on 04/02/2026, multiple potholes have reopened, temporary tarmac infills have failed within days, and several defects remain untreated. In places, the surface has deteriorated further, with loose material, exposed sub-base, and water-filled potholes present across the site.
One particular pothole, shown in the images below, is extremely dangerous and is deep, water-filled, and unavoidable. Every vehicle approaching it is forced to take evasive action to avoid damage. Drivers are swerving suddenly and crossing their lane, creating an immediate and ongoing danger to all road users.
This is not a minor defect and cannot be addressed with further temporary patching. The size, depth, and location of this pothole mean the road cannot be used safely in its current condition.
This location should not have been marked as repaired. The defect remains and presents a clear and serious hazard. Urgent action is required to make this section of road safe.
Please do not close this report until the highway has been fully and permanently repaired and made safe.
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From Cllr Liam Walker
If you’ve suffered damage to your vehicle due to a pothole on a county council maintained road, you can submit a claim to Oxfordshire County Council. Here’s a simple step-by-step guide:
1️⃣ Gather evidence
▪️Photos of the pothole (clear, close-up, and wider shots to show location). ▪️Photos of the damage to your vehicle. ▪️Date, time, and exact location of the incident.
2️⃣ Keep records
▪️Repair quotes or invoices. ▪️Any recovery or breakdown receipts. ▪️Details of any witnesses (if available).
3️⃣ Report the pothole
▪️Make sure the pothole is reported via the Council’s online reporting system (if it hasn’t already been) which can be done here: https://fixmystreet.oxfordshire.gov.uk/
4️⃣ Submit a claim
▪️Complete the highways damage claim form on the Oxfordshire County Council website here: https://www.oxfordshire.gov.uk/ transport-and-travel/ street-maintenance-z/ compensation#paragraph-3985 ▪️Upload all your evidence and supporting documents.
ℹ️ Important to know
▪️Claims are assessed against whether the Council was aware of the defect and if it met intervention levels under their inspection regime.
⏳ Submitting clear evidence early can really help.
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Update – Further Temporary Patching Carried Out (24/02/2026)
New photos taken on 24/02/2026 show that further temporary patch repairs have been applied to multiple potholes along this stretch.
While patching has been carried out again, this is the same approach that has repeatedly failed within a short period. Previous repairs have broken up within weeks, leaving loose material, exposed edges, and reforming potholes in the wheel track.
This section of road continues to suffer from:
Repeated surface failure
Cracking and edge breakdown around previous patches
Deterioration near the speed bump and drainage area
Ongoing risk to cyclists and vehicle suspension/tyres
The issue is clearly structural, not isolated potholes. Continual patching is not resolving the underlying problem and is resulting in repeated waste of resources.
This stretch now requires a proper permanent repair or resurfacing, rather than further short-term patching that predictably fails.
Please confirm whether this location is scheduled for full resurfacing or more substantial remedial works.
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26/02/2026 Council Response:
Thank you for bringing this matter to our attention. We are already aware of the issue and are actively investigating based on the initial report. For comprehensive information on our approach to highway repairs and risk assessment, please visit the Oxfordshire County Council’s website at https://www.oxfordshire.gov.uk/ residents/ roads-and-transport/ street-maintenance-z/ road-repairs .
State changed to: Investigation complete and closed.
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26/02/2026
Thank you for confirming you are aware of the issue. However, this location has been reported repeatedly over a long period and has received multiple temporary patch repairs, all of which have failed within a short time. The latest patches (24/02/2026) appear to be the same short-term treatment. This suggests a wider surface failure rather than isolated potholes. Please could you confirm: • Whether a recent site inspection has been carried out • The defect category assigned under your risk assessment • Whether full resurfacing or more substantial works are planned • An expected timeframe for permanent repair A link to general policy does not address the specific condition of this stretch of road. Given the repeated failures and clear safety risks (particularly to cyclists), a permanent solution is required rather than further patching.
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Further Update – Remaining Surface Failure (25/02/2026)
I re-checked the site on 25/02/2026. These photos show the remaining defects along this stretch, including significant edge deterioration and breakdown along the kerb line.
This is before the most recent temporary patch repairs (24/02/2026) begin to fail again, as previous repairs have done within weeks.
The issues visible include:
Extended surface failure along the channel
Loose aggregate and exposed underlying material
Cracking and longitudinal deterioration
Ongoing drainage edge breakdown
This is clearly not an isolated pothole issue but a wider section of carriageway failure.
Repeated short-term patching has not resolved the problem and the underlying surface continues to deteriorate.
Please confirm whether this stretch is being assessed for proper resurfacing or structural repair, rather than further temporary filling.
Given the repeated repair history and ongoing safety risk, a permanent solution is required.
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05/03/2026 Council Response:
Thank you for your enquiry. We have investigated your report and it has been actioned to be fixed.
State changed to: Investigation complete and closed.
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05/03/2026
This is a new report for the same stretch of road, as the previous report has been closed following temporary patching.
This section has a documented history of repeated pothole formation and failed temporary repairs. The latest patches (24/02/2026) are already surrounded by continued surface breakdown and edge failure along the kerb line.
This is not an isolated pothole but an ongoing carriageway failure affecting:
- The wheel track - The channel/drainage edge - The approach towards the roundabout - Cyclists using this stretch
Previous reports have resulted only in short-term patching, which fails within weeks.
Given the repeated deterioration and repair history, this location requires structural repair or resurfacing rather than continued temporary fills.
Please confirm whether this section is being considered for inclusion in a planned resurfacing programme.
To residents, please continue to monitor and add updates and photos (Please date each comment).
Thank you.
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Update – 14/03/2026
Additional photographs taken today (14/03/2026) show that the condition of this section of road continues to deteriorate.
The patch repairs carried out on 24/02/2026 are already showing signs of failure, with areas around the repairs breaking down and new depressions forming. There is also visible deterioration along the channel next to the kerb.
This stretch has now been subject to repeated patching over time, but the surrounding surface continues to degrade shortly afterwards.
The issue appears to affect a wider section of the carriageway rather than a single isolated defect, particularly within the vehicle wheel path and along the edge of the road.
Latest photos attached to show the current state of the road surface.
To residents, please continue to monitor and add updates and photos (Please date each comment).
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Thank you for your report. The general condition of this road has been recorded, and resources will be considered for future programmed works. For more information on highway repairs and risk assessment, you can visit the Oxfordshire County Council’s website: https://www.oxfordshire.gov.uk/ residents/ roads-and-transport/ street-maintenance-z/ road-repairs
This report is now closed to updates from the public. You can make a new report in the same location.