Methodology caveat: Brighton & Hove moved from SCANNER to Annual Engineer Inspections (AEI) in 2023/24. The council states 2024 red-road increases are "due to the change in collection method rather than a significant change in the condition of the network" — but also admits SCANNER understated urban deterioration for years. Figures before and after 2024 are not directly comparable.
6,027 Pothole Repairs in 2024/25 on an All-Amber-Rated Network
Brighton & Hove City Council maintains 609km of roads — including 480km of unclassified streets (79% of the network). The DfT rates the city AMBER on overall, condition, spend and best-practice scorecards for 2025/26. Its own transparency report records 6,027 estimated pothole repairs in 2024/25, up 91% from the 2022/23 low of 3,163, and admits a £96m maintenance backlog (£57m carriageways, £39m footways). Section 58 still turns on your specific defect.
609km of Roads — Mostly Residential
Network scale from Brighton & Hove's June 2025 transparency report — where pothole claims actually happen
| Asset | Scale |
|---|---|
| Footways | 976km |
| Public rights of way | 159km |
| Cycleways | 49km |
| Highway structures | 51 bridges, 93 retaining walls, 3 footbridges, 11 pedestrian subways |
"Historically, road condition data has been collected using a method known as SCANNER. In the financial year ending in 2024, the Council moved to a new method of road condition collection to improve accuracy. The increase in the percentage of red roads in this year is therefore due to the change in collection method rather than a significant change in the condition of the network."
— Brighton & Hove City Council Local Highways Maintenance Transparency Report (June 2025)
What AMBER Condition Actually Shows
SCANNER data 2020–2023, then Annual Engineer Inspections (AEI) from 2024 — not directly comparable
Methodology caveat: The council admits "the accuracy of SCANNER in an urban environment is not as good as in rural settings" and that data "remained relatively consistent between 2020 to 2023 despite there being a noticeable decline in the condition of the network." From 2026/27, BSI PAS 2161 will introduce a five-category standard — the council warns there may be "a further shift in the data before we can establish a baseline to compare year-on-year progress."
A roads (62km)
| Year | Red | Amber | Green | Method |
|---|---|---|---|---|
| 2020 | 8% | 39% | 53% | SCANNER |
| 2021–2023 | 6% | 32–38% | 56–62% | SCANNER |
| 2024 | 18% | 26% | 56% | AEI |
A-road red condition tripled from 6% (SCANNER) to 18% (AEI) when the survey method changed. The council attributes this to measurement, not a single-year deterioration event — but 18% structurally requiring maintenance is the published baseline under the new method.
B and C roads (67km)
| Year | Red | Amber | Green | Method |
|---|---|---|---|---|
| 2020–2023 | 4–5% | 27–29% | 67–69% | SCANNER |
| 2024 | 15% | 23% | 62% | AEI |
B and C road red condition rose from 4% under SCANNER to 15% under AEI — again attributed to the survey switch. Fifteen per cent requiring structural maintenance on classified link roads is a material figure for claims on those corridors.
Unclassified roads (480km) — RED % only published
| Year | Red | Method |
|---|---|---|
| 2020 | 16% | SCANNER |
| 2021 | 13% | SCANNER |
| 2022 | 11% | SCANNER |
| 2023 | 12% | SCANNER |
| 2024 | 8% | AEI |
The council publishes red percentages only for U-roads — not full amber/green splits. Under AEI, U-road red fell to 8% from 11–16% under SCANNER, but the council warns against year-on-year comparison across methods. Most pothole damage happens on these 480km of residential streets.
"This means that the data has remained relatively consistent between 2020 to 2023 despite there being a noticeable decline in the condition of the network."
— Brighton & Hove City Council Local Highways Maintenance Transparency Report (June 2025)
Following the Money
AMBER spend scorecard — high preventative ratios, but a £96m backlog the council cannot clear at current funding
| Year | DfT capital (£000s) | Capital spend (£000s) | Revenue spend (£000s) | Preventative | Reactive |
|---|---|---|---|---|---|
| 2025/26 (proj.) | 5,283 | 5,283 | 2,210 | 71% | 29% |
| 2024/25 | 3,687 | 3,738 | 1,992 | 65% | 35% |
| 2023/24 | 4,269 | 4,463 | 1,900 | 70% | 30% |
| 2022/23 | 3,274 | 3,936 | 1,647 | 70% | 30% |
| 2021/22 | 3,274 | 4,615 | 1,398 | 77% | 23% |
| 2020/21 | 2,699 | 4,425 | 1,612 | 73% | 27% |
The £96m backlog
The council states a £57m carriageway backlog and £39m footway backlog. At 2024/25 total maintenance spend of £5.730m, clearing the combined backlog would take roughly 17 years of entire budget — with no allowance for new failures.
Since 2024/25, 53% of capital has gone to preventative work and 47% to structural maintenance — yet the council admits it cannot fund resurfacing for all structurally failed roads.
Why spend is still AMBER
Projected 2025/26 capital spend matches the DfT allocation at £5.283m — but historical spend patterns, the admitted backlog, and reactive workload (6,027 pothole repairs in 2024/25) keep the DfT spend scorecard at AMBER alongside condition and best practice. Aggregate spend does not prove your specific defect was inspected and repaired within reasonable intervals.
"There is currently a £57m maintenance backlog on carriageways and £39m on footways."
— Brighton & Hove City Council Local Highways Maintenance Transparency Report (June 2025)
Rising Pothole Patch Counts
Estimated carriageway pothole repairs — the council records repairs in m² and assumes 1m² equals one pothole
Data caveat: The 2020/21 figure of 8,353 is an outlier compared with subsequent years (3,577 in 2021/22). The council notes repairs are recorded in square metres, converted to pothole equivalents. Year-on-year comparisons should treat 2020/21 with caution.
| Year | Potholes filled | Change vs 2022/23 |
|---|---|---|
| 2020/21 | 8,353 | Outlier — see caveat |
| 2021/22 | 3,577 | Baseline |
| 2022/23 | 3,163 | −11.6% |
| 2023/24 | 4,805 | +51.9% |
| 2024/25 | 6,027 | +90.5% |
"Once defects begin to appear regularly on a road, the road has structurally failed and needs to be resurfaced. There is not enough funding to resurface all the roads that have failed and therefore prioritising the repair of investigation-level defects keeps the road safe until a structural resurface can be funded."
— Brighton & Hove City Council Local Highways Maintenance Transparency Report (June 2025)
Nearly 17 patches a day
6,027 estimated pothole repairs in 2024/25 works out to roughly 16.5 patches per day across 609km. That volume of reactive safety work sits alongside 65% preventative spend in the same year — evidence of ongoing defect formation, not proof your specific pothole was unavoidable.
Planned Work 2025/26
Highway maintenance programme agreed at Full Cabinet on 24 April 2025
"To improve the condition of our roads we need long-term investment in our capital-planned maintenance programmes."
— Brighton & Hove City Council Local Highways Maintenance Transparency Report (June 2025)
Coverage maths
35,894m² of resurfacing across 609km of carriageway treats a fraction of the network in a single year. The council plans up to 35 footways for large-scale patching and admits £96m of backlog. Most of the network continues to rely on reactive defect repairs, safety inspections and lifecycle treatments between structural resurfacing programmes.
Claiming Against an All-Amber City Council
Honest assessment: Brighton & Hove runs a data-led lifecycle programme — but admits under-recorded deterioration, a £96m backlog and rising patch counts
What works in the council's favour
- ✓ 65–77% preventative spend across recent years — aligned with DfT "prevention is better than cure"
- ✓ Full-network AEI from 2025/26 — more frequent condition data than statutory minimums
- ✓ Risk-based reactive policy with permanent warm-mix repairs where possible
- ✓ Road permit scheme, Section 58 notices on resurfacing, and structured asset management
Expect a prepared Section 58 defence citing lifecycle planning and inspection policy — not generic neglect.
What works in yours
- ✗ Council admits SCANNER understated urban deterioration for years before the 2024 AEI reset
- ✗ £96m admitted backlog — structurally failed roads patched until resurfacing is funded
- ✗ 6,027 pothole repairs in 2024/25 — up 90.5% from the 2022/23 low of 3,163
- ✗ 480km of U-roads (79% of network) — where most claims start
- ✗ AMBER on all four DfT scorecards for 2025/26 — regulator shares concerns on maintenance practice
Section 41 vs Section 58
Under Section 41 of the Highways Act 1980, Brighton & Hove 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 asset-management strategy.
- • Was your road on the AEI survey cycle — and had condition data been refreshed before your incident?
- • Did the defect meet intervention criteria during routine safety inspections?
- • Were there prior reports (council online form, FixMyStreet) giving actual notice?
- • Does photographic evidence show defect age beyond the council's stated repair interval?
The winning strategy here is specificity: prior-report search, photo assessment, and citations from Brighton & Hove's own transparency data — including survey-methodology caveats — where they help your case.
Report a Pothole to Brighton & Hove City Council
Reporting a defect creates a record the council had notice. Do this before claiming — and tell us when you reported it so we can reference it in your pack.
Report road or pavement damage — brighton-hove.gov.ukHit a Pothole in Brighton & Hove?
An all-amber scorecard and a survey reset demand a precise claim. £35 for a professional claim pack.
DIY claim
- • Submit photos and invoices
- • Use generic template letter
- • No AEI methodology context
- • No £96m backlog citation
- • No prior-report search
Professional claim pack
- ✅ Survey methodology change documented
- ✅ £96m backlog and council admissions quoted
- ✅ 6,027 pothole repairs in 2024/25 cited
- ✅ Prior reports searched and attached
- ✅ Section 58 rebuttal tailored to Brighton & Hove
No percentage fees. You keep 100% of any compensation.
Frequently Asked Questions
Why did A-road RED condition jump from 6% to 18% in 2024?
Brighton & Hove switched from SCANNER laser surveys to Annual Engineer Inspections (AEI) in the financial year ending 2024. The council states the increase in red roads "is therefore due to the change in collection method rather than a significant change in the condition of the network." It also admits SCANNER accuracy "in an urban environment is not as good as in rural settings," and that data stayed "relatively consistent between 2020 to 2023 despite there being a noticeable decline in the condition of the network." The jump reflects measurement change — but the council's own admission that deterioration was under-recorded for years is still relevant to Section 58.
Brighton & Hove is AMBER on every DfT scorecard — can I still claim?
Yes. All four 2025/26 scorecards — overall, condition, spend and best practice — are AMBER. Section 58 turns on whether the specific defect that damaged your vehicle was reasonably inspected and repaired, not on aggregate ratings. Your claim should focus on prior reports, photos showing defect age, your road class, and whether the council's inspection regime caught the pothole in time.
What does the £96m admitted backlog mean for my claim?
The council states there is "currently a £57m maintenance backlog on carriageways and £39m on footways." Combined with 2024/25 capital and revenue spend of £5.730m (£3.738m + £1.992m), clearing the full backlog would take roughly 17 years of total maintenance budget at current levels — assuming no further deterioration. The council also admits "there is not enough funding to resurface all the roads that have failed" and prioritises investigation-level defect repairs to keep roads safe until structural work can be funded. That documents reactive management on a structurally failing network.
Brighton projects 71% preventative spend for 2025/26 — does that help the council's defence?
It is part of their asset-management story — the DfT best-practice scorecard is still AMBER. Preventative share was 65–77% across recent years, yet estimated pothole repairs rose from 3,163 in 2022/23 to 6,027 in 2024/25 (+91% from that low point). High preventative ratios alongside rising reactive patch counts suggest defects are still forming faster than lifecycle treatments stabilise the network — which does not automatically prove your specific defect was unavoidable.
What if my pothole was on a residential or unclassified road?
Unclassified roads make up 480km — roughly 79% of Brighton & Hove's 609km carriageway network. The council publishes RED percentages only for U-roads (8% red in 2024 under AEI, down from 11–16% under SCANNER in 2020–2023 — again, methodology changed). U-roads must be surveyed at least every four years nationally; Brighton carried out a full-network survey in 2023/24 and plans annual full-network AEI from 2025/26. Claims on residential streets still turn on safety inspections, prior reports and whether your defect met intervention thresholds.
The council says structurally failed roads are patched until resurfacing is funded — is that reasonable maintenance?
The council states: "Once defects begin to appear regularly on a road, the road has structurally failed and needs to be resurfaced. There is not enough funding to resurface all the roads that have failed and therefore prioritising the repair of investigation-level defects keeps the road safe until a structural resurface can be funded." That is an admission of temporary patching on failed carriageways — not proof that your specific pothole was reasonably maintained, especially if prior reports or photos show the defect predated any patch.
How do I report a pothole to Brighton & Hove City Council?
Report damage to roads, pavements and potholes via the council's online form at brighton-hove.gov.uk. You need to provide the location, a description including size and depth, and a photo if safe. The council investigates every report under its Highway Reactive Safety Maintenance and Inspection Policy, with repair timescales of 2 hours to 28 days depending on risk. 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 | Brighton & Hove City Council Local Highways Maintenance Transparency Report (June 2025). Contains public sector information licensed under the Open Government Licence v3.0.