DfT caveat: The Department for Transport has not produced a spend scorecard for Birmingham because it has separate highways maintenance funding arrangements through its PFI contract.
2km of Preventative Work Across 2,632km in 2024/25
Birmingham City Council maintains one of England's largest urban road networks — 2,632km of carriageway, 77% unclassified residential roads. The DfT rates the city AMBER on condition and best practice. Its own report shows preventative maintenance share collapsed from 28% to 4% between 2022/23 and 2024/25, capital spend fell to £4.41m against a £50m DfT allocation, and just 2km of pavement preventative treatment was delivered. Section 58 still turns on your specific defect.
The DfT Scorecards
Official 2025/26 ratings from the Department for Transport — three scorecards plus overall
| Scorecard | Rating |
|---|---|
| Overall | amber |
| Condition | amber |
| Spend | No rating |
| Wider best practice | amber |
What AMBER means: An AMBER overall rating indicates mixed or weaker performance across condition, spend and best-practice scorecards relative to green-rated authorities. For claims, the rating is contextual evidence — Section 58 still requires the council to prove it reasonably inspected and repaired the specific defect that damaged your vehicle.
Source: Department for Transport — Local Road Maintenance Ratings 2025 to 2026. Spend scorecard omitted for Birmingham due to separate PFI funding arrangements (DfT table note **).
2,632km of Roads — Mostly Residential
Network scale from Birmingham's 2025/26 transparency report — where pothole claims actually happen
| Asset | Scale |
|---|---|
| Footways | 5,127km |
| Bridges, retaining walls and structures | 830 structures |
| Street lighting columns | 98,731 |
| Highway gullies | 106,866 |
"Birmingham City Council has one of the largest road networks in the country. It is the most valuable physical asset for which the Council is responsible for."
— Birmingham City Council Local Highway Maintenance Funding Report 2025 to 2026
What AMBER Condition Actually Shows
SCANNER surveys 2010–2024 on classified roads; PAS 2161 from June 2024 — with survey gaps on U-roads
Methodology caveats: Classified A, B and C roads were surveyed with SCANNER laser technology through 2024. From 2025 the council adopted PAS 2161 collection. No U-road condition survey was carried out in 2024 due to the PFI contract tender process. The council also notes 2024 skid-resistance survey figures were affected by contractor benchmark data issues — principal roads at or below investigatory level rose to 41% and non-principal to 56%, but the report flags quality-assurance problems with that survey.
A roads (306km) — SCANNER RCI 2020 to 2024
| Year | Red | Amber | Green |
|---|---|---|---|
| 2020 | 3% | 20% | 77% |
| 2022 | 5% | 24% | 71% |
| 2024 | 6% | 26% | 68% |
Green-rated A-roads fell from 77% to 68% over five years; red condition doubled from 3% to 6%.
B and C roads (305km) — SCANNER RCI 2020 to 2024
| Year | Red | Amber | Green |
|---|---|---|---|
| 2020 | 2% | 18% | 80% |
| 2022 | 4% | 20% | 76% |
| 2024 | 6% | 25% | 69% |
B/C green condition fell from 80% to 69%; red condition tripled from 2% to 6%.
Unclassified roads (2,021km) — red condition only published
| Year | Red | Amber / Green |
|---|---|---|
| 2020 | 12% | Not published separately |
| 2023 | 9% | Not published separately |
| 2024 | No survey — PFI contract tender process | |
U-roads were previously surveyed on a rolling two-year cycle via detailed visual inspection. The council delivered just 2km of preventative treatment on unclassified roads in 2024/25 — 0.1% of the 2,021km U-road network.
PAS 2161 indicative results (from June 2024)
Monthly A-road surveys, quarterly B/C surveys, annual U-road surveys under the new standard. Indicative A-road results: 88% no deterioration (Level 1), 1% severe deterioration (Level 5). These are forward-looking survey improvements — not a substitute for evidence about your specific defect at the time of your incident.
"The ability to make the right decision at the right time is key to effective lifecycle planning. Using the data available from the condition surveys will ensure that the asset will provide the required level of service over its expected life span at the most efficient cost."
— Birmingham City Council Local Highway Maintenance Funding Report 2025 to 2026
Following the Money
DfT capital allocation vs actual spend — PFI contract means no DfT spend scorecard, but council figures are published
| Year | DfT capital | Capital spend | Revenue spend | Preventative | Reactive |
|---|---|---|---|---|---|
| 2025/26 (proj.) | £50.3m | £26.4m | £62.5m | 25% | 59% |
| 2024/25 | £50.0m | £4.41m | £52.0m | 4% | 49% |
| 2023/24 | £50.3m | £16.7m | £77.6m | 15% | 73% |
| 2022/23 | £50.0m | £29.0m | £68.1m | 28% | 65% |
| 2021/22 | £50.3m | £27.0m | £56.9m | 26% | 55% |
| 2020/21 | £50.3m | £12.3m | £43.0m | 12% | 41% |
PFI funding context
Highways maintenance is delivered through a PFI contract combining approximately £50m of PFI credits plus roughly £56m per annum of ring-fenced revenue contribution. The council and DfT are in discussions on the remaining PFI term; interim services continue via the current interim services contract.
2024/25 capital underspend
Birmingham spent £4.41m of its £50m DfT capital allocation in 2024/25 — leaving £45.6m (91%) unspent on capital works that year. Capital spend fell 85% from the £29.0m peak in 2022/23. Aggregate figures do not prove your specific defect was maintained — but they contextualise the council's maintenance story.
"Birmingham's Highways Maintenance and Management services are currently delivered through a PFI contract. The contract combines approximately £50m PFI funding from government in the form of PFI credits, in addition to the council's ring-fenced revenue budget contribution - approximately £56m per annum."
— Birmingham City Council Local Highway Maintenance Funding Report 2025 to 2026
Preventative Treatment Delivered
Pavement treatment kilometres from the council's transparency report — policy vs delivery
| Year | A roads | B/C roads | U roads | Footways | Total |
|---|---|---|---|---|---|
| 2020/21 | 12km | 5km | 24km | 28km | 69km |
| 2022/23 | 11km | 13km | 51km | 100km | 175km |
| 2023/24 | 1km | 3km | 15km | 0km | 19km |
| 2024/25 | 0km | 0km | 2km | 0km | 2km |
"Timely intervention using preventative maintenance treatments can extend the surface life of the carriageways and delay the need for major intervention. Adopting an approach that focuses on preventative maintenance will extend the service lives of Birmingham's carriageways, optimise the whole life costs of maintaining the assets..."
— Birmingham City Council Local Highway Maintenance Funding Report 2025 to 2026
"Asset deterioration is an inevitable consequence of aging, the existing construction materials, traffic volumes and characteristics, weather and in some cases, pollution."
— Birmingham City Council Local Highway Maintenance Funding Report 2025 to 2026
Coverage maths
At 2024/25 delivery rates (2km per year), treating the full 2,632km carriageway network would take over 1,300 years. The council projects 2025/26 preventative pavement treatment of 4 miles on A-roads, 3 miles each on B and C roads, 10 miles on unclassified roads and 7 miles of footways — provisional and subject to change.
Pothole Repairs and Reactive Workload
Estimated potholes filled — defects the council defines as carriageway issues over 40mm
| Year | Potholes filled | Share of reactive spend |
|---|---|---|
| 2020/21 | 9,710 | 69% |
| 2022/23 | 6,616 | 44% |
| 2023/24 | 9,332 | 44% |
| 2024/25 | 4,514 | 33% |
| 2025/26 (projected) | 6,788 | Council estimate |
Inspection frequency
- • Roads, pavements and cycleways inspected monthly to annually by road class
- • PAS 2161: A-roads monthly, B/C quarterly, U-roads annually (from 2025)
- • Structures: general or principal inspections every two years
- • Defects between inspections can be reported via the council's online tool
Section 41 vs Section 58
Under Section 41 of the Highways Act 1980, Birmingham must maintain public highways. To defend a claim under Section 58, it must show a reasonable system for inspecting and repairing the specific defect — not just publish an AMBER DfT scorecard or cite PFI contractor arrangements.
Claiming Against an AMBER-Rated City Council
Honest assessment: Birmingham's PFI complexity and projected 2025/26 recovery do not remove your right to claim
What works in the council's favour
- ✓ AMBER overall — not red-rated
- ✓ Projected 2025/26 capital spend of £26.4m with 25% preventative share
- ✓ PAS 2161 surveys from June 2024 with increased frequency on classified roads
- ✓ PFI contract delivers ~£106m combined annual highways funding
- ✓ U-road red condition fell from 12% to 8% on last published DVI survey (2020–2023)
Expect PFI complexity and aggregate funding figures in the council's Section 58 defence.
What works in yours
- ✗ Preventative share fell from 28% to 4%; just 2km pavement treatment in 2024/25
- ✗ £45.6m of £50m DfT capital allocation unspent in 2024/25
- ✗ A and B/C green condition fell to 68–69%; red condition doubled or tripled
- ✗ No U-road condition survey in 2024; 77% of network on U-roads
- ✗ Policy-practice gap on preventative maintenance the council describes as "key"
- ✗ DfT AMBER condition and best-practice scorecards
The winning strategy here is specificity
Against a PFI-funded authority with AMBER scorecards, your claim lives or dies on the specific defect:
- • Prior reports of the same pothole via birmingham.gov.uk/potholes — proof of actual notice
- • Photos showing defect size (over 40mm on carriageways), depth and visible age
- • Road class — on a U-road, the 2024 survey gap and 2km preventative delivery are structural arguments
- • Whether PAS 2161 survey data covered your section before your incident
Mac builds exactly this case: prior-report search, photo assessment, and citations from Birmingham's own transparency data — including the DfT spend-scorecard omission — where it helps you.
Report a Pothole to Birmingham City Council
Reporting a defect creates a record the council had notice. The council assesses reports for emergency action or routine inspection against its repair criteria. Do this before claiming — and tell us when you reported it so we can reference it in your pack.
Report a road or pavement problem — birmingham.gov.ukHit a Pothole in Birmingham?
A PFI-funded network demands a precise claim. £35 for a professional claim pack.
DIY claim
- • Submit photos and invoices
- • Use generic template letter
- • No PFI spend-scorecard gap argument
- • No 28%→4% prevention collapse cited
- • No prior-report search
Professional claim pack
- ✅ AMBER DfT scorecards and spend omission documented
- ✅ 2km preventative delivery and 4% share cited
- ✅ £45.6m capital underspend evidence
- ✅ PFI context and U-road survey gap addressed
- ✅ Section 58 rebuttal tailored to Birmingham
No percentage fees. You keep 100% of any compensation.
Frequently Asked Questions
How does Birmingham's PFI contract affect my claim?
Birmingham delivers highways maintenance through a PFI contract combining approximately £50m of PFI credits plus a ring-fenced revenue contribution of roughly £56m per annum. Legal liability for road condition remains with Birmingham City Council as the highway authority. The Department for Transport produces no spend scorecard for Birmingham because of these separate funding arrangements — that does not remove the council's Section 58 obligation to show it reasonably inspected and repaired the specific defect that damaged your vehicle.
Why is there no DfT spend rating for Birmingham?
The DfT states that a spend rating has not been produced for authorities with separate highways maintenance funding arrangements. Birmingham's PFI contract sits outside the standard capital-allocation comparison used for other councils. You can still cite the council's own figures — for example, capital spend of just £4.41m against a £50m DfT allocation in 2024/25, with preventative maintenance at 4% of spend — when challenging whether aggregate investment translated into reasonable maintenance on your road.
What does preventative spend falling from 28% to 4% mean for claims?
Birmingham's transparency report shows estimated preventative maintenance share peaked at 28% in 2022/23 and fell to 4% in 2024/25, while reactive share was 49%. The council's own strategy states that "timely intervention using preventative maintenance treatments can extend the surface life of the carriageways" — yet pavement preventative treatment delivered just 2km across the entire network in 2024/25. That policy-practice gap can support a Section 58 argument when tied to your specific defect, but it does not guarantee a successful claim on its own.
What if my pothole was on a residential or unclassified road?
Unclassified roads make up 2,021km — 77% of Birmingham's 2,632km carriageway network. The council's last published U-road red-condition figure is 8% (2023); no U-road condition survey was carried out in 2024 due to the PFI contract tender process. From 2025, PAS 2161 surveys cover unclassified roads annually. If your incident was on a U-road, prior reports via the council's online form and photos showing defect age matter more than network-wide A-road scorecards.
What about Birmingham's new PAS 2161 survey system?
The council has surveyed with a PAS 2161-accredited supplier since June 2024. Indicative results show A-roads surveyed monthly, B and C roads quarterly, and unclassified roads annually. That increased survey frequency can make it harder for the council to argue it lacked knowledge of deterioration on surveyed sections — but survey snapshots may not reflect the condition at the exact time of your incident, and U-road surveys were paused in 2024 during the PFI tender.
Birmingham filled 4,514 potholes in 2024/25 — can I still claim?
Yes. Pothole fills do not automatically defeat a claim. The council estimated 4,514 pothole repairs in 2024/25 — 33% of reactive maintenance spend — and projects 6,788 fills in 2025/26. Section 58 turns on whether the specific defect that damaged your vehicle was reasonably inspected and repaired within the council's own criteria (carriageway defects over 40mm, footway defects over 20mm). Prior reports of the same pothole and evidence of defect age remain central.
How do I report a pothole to Birmingham City Council?
Report road and pavement problems via the council's online map form at birmingham.gov.uk/potholes. The council asks for an accurate location and description (pothole size, position in the road). Reports are assessed for emergency action or routine inspection. Prior reports strengthen a claim by demonstrating notice before your incident. Fixtyer searches for existing reports and attaches them to your claim pack.
Data sources: Department for Transport — Local Road Maintenance Ratings 2025 to 2026 | Birmingham City Council Local Highway Maintenance Funding Report 2025 to 2026. Contains public sector information licensed under the Open Government Licence v3.0.