Source
Department for Transport — Local road maintenance ratings 2025 to 2026
amberOverall|amber Conditiongreen Spendamber Best Practice
Kent: A £625m Backlog and Unclassified Roads in Freefall
Kent County Council runs England's gateway network — 8,811km of road — and spends well beyond its DfT allocation, earning a GREEN spend scorecard. Yet the overall rating is AMBER — because every road class has declined since 2020, the council admits a £625m road maintenance backlog, and RED-rated unclassified roads more than doubled to 39% in a single year.
39%
Of unclassified roads in RED condition (2024)
Up from 18% the year before. Unclassified roads are 5,484km — 62% of Kent's network — so that's roughly 2,100km of residential streets and rural lanes the council's own data says should be considered for maintenance.
What The Condition Data Shows
Five years of survey data from Kent's own transparency report — and unlike most AMBER councils, there is no bright spot: A-roads, B/C roads and unclassified roads are all declining
A-roads (992km — 11% of network): declining
5.9%
RED (2024)
up from 3.8% in 2020
31.1%
Amber
up from 24.2%
63.0%
Green
down from 72.0%
Even the main roads — SCANNER-surveyed every year and first in line for funding — have worsened every single year since 2020. RED is up 55%, and good-condition A-roads have fallen nine percentage points.
B and C roads (2,334km — 26% of network): RED nearly doubled
| Year | Red | Amber | Green |
|---|---|---|---|
| 2020 | 4.5% | 30.0% | 65.5% |
| 2021 | 5.4% | 30.9% | 63.7% |
| 2022 | 5.9% | 30.2% | 63.9% |
| 2023 | 6.3% | 31.8% | 61.9% |
| 2024 | 8.4% | 33.1% | 58.5% |
RED-condition B/C roads have nearly doubled since 2020 (4.5% → 8.4%), with the biggest single-year jump coming in 2024. More than four in ten B and C roads now need — or will soon need — maintenance. And note the survey gap: C-roads are only SCANNER-surveyed over a two-year cycle, 50% each year.
And This Is The Well-Funded Version
£54.3m
DfT capital allocation 2025/26
£79.3m
Projected capital spend 2025/26
75%
Estimated preventative share
Kent tops up its DfT allocation with £25m of its own capital and has outspent its allocation every year since 2020/21 — and every road class is still declining. By the council's own numbers, the network deteriorates faster than a GREEN-rated spend programme can repair it.
The 5,484km Problem
62% of Kent's network is unclassified roads — and the share in RED condition more than doubled in a single year
| Year | Unclassified roads in RED condition |
|---|---|
| 2020 | 16.8% |
| 2021 | 13.6% |
| 2022 | 18.0% |
| 2023 | 18.0% |
| 2024 | 39.0% |
From 18% to 39% in One Year
Kent's own published figures show RED-rated unclassified roads more than doubled between 2023 and 2024 — from 18% to 39%. On a 5,484km unclassified network, that is roughly 2,100km of residential streets, estate roads and rural lanes the council's own data says should be considered for maintenance.
Whatever the cause — severe winters, the survey cycle catching up, or genuine collapse — the council published this number itself. It cannot now argue it was unaware that the road type making up 62% of its network is in widespread poor condition.
The Drive-By Survey Gap
Only unclassified roads classed as "Locally Important" get SCANNER laser surveys — and even then only over a two-year cycle. The report states the remaining unclassified roads "are subject to a coarse visual inspection (CVI) over a two-year period (50% each year)."
For most residential roads in Kent, the council's condition knowledge is up to two years old and based on a visual assessment, not laser measurement. C-roads also only see a SCANNER survey every other year.
Why This Matters For Section 58
To rely on the Section 58 defence, a council must show it had a reasonable system for knowing the condition of its roads and acting on it. For Kent's unclassified network, ask:
- • When was your road last surveyed — and was it a SCANNER survey or a visual drive-by?
- • If 39% of unclassified roads were RED in 2024, what did the council do about yours?
- • Is a coarse visual inspection every two years a "reasonable" regime for a network the council knows is deteriorating?
- • Did inspection frequency increase after the council's own data showed RED roads doubling?
A council that publishes data showing 39% of its residential network in RED condition — and inspects most of it visually, every other year — has a difficult story to tell about reasonable care on those roads.
233,509 Potholes in Five Years
The scale of reactive repair tells you how many potholes this network produces — roughly 128 filled every single day
| Year | Potholes filled | Patching (m²) | Public pothole reports |
|---|---|---|---|
| 2020/21 | 45,284 | 508,424 | 13,875 |
| 2021/22 | 44,670 | 482,998 | 13,392 |
| 2022/23 | 41,135 | 390,605 | 25,668 |
| 2023/24 | 57,481 | 289,163 | 32,146 |
| 2024/25 | 44,939 | 192,032 | 24,217 |
| Five-year total | 233,509 | 1,863,222 | 109,298 |
Reports Nearly Doubled
Public pothole reports jumped from 13,392 in 2021/22 to 32,146 in 2023/24 — a 140% rise — and were still 81% above the 2021/22 level in 2024/25. Every one of those reports is a record of actual notice. If your pothole was reported before your incident and not fixed in time, the Section 58 defence is in serious trouble.
The Shrinking Patching Programme
Patching output fell 62% over five years — from 508,424m² in 2020/21 to 192,032m² in 2024/25 — while pothole numbers stayed stubbornly around 45,000 a year and spiked to 57,481 in 2023/24. Less patching means more individual defects forming, exactly what the public reporting figures show.
The £625m Admission
Kent's own transparency report sets out the backlog, the shortfall and the winter damage — in its own words
"The road maintenance backlog in Kent was estimated in 2023/24 to be circa £625m, with an annual funding shortfall of over £30m to maintain roads in a steady state condition. The backlog and shortfall for all highway assets were estimated in 2023/24 to be circa £1.1bn and £93m respectively."
— Kent County Council Local Highways Maintenance Transparency Report 2025
"In addition, we experienced a couple of very severe winters which accelerated road deterioration in particular and led to a significant increase in road surface defects. Together, these factors, and not being able to fund steady state maintenance, had the effect of significantly increasing the maintenance backlog to over £1bn."
— Kent County Council Local Highways Maintenance Transparency Report 2025
"The additional capital funding announced by the government is being used to resource an extensive £14.2million Pothole Recovery Strategy intended to address the significant damage to our roads caused by winter weather in recent years."
— Kent County Council Local Highways Maintenance Transparency Report 2025
What These Admissions Mean
Kent formally acknowledges that it cannot fund steady-state maintenance, that severe winters caused "a significant increase in road surface defects", and that its roads backlog alone is circa £625m. That is documented, published knowledge of a network producing defects faster than it can fix them.
Crucially, a funding shortfall is not a Section 58 defence. The statutory test is whether the council took such care as was reasonably required to secure the road was not dangerous — and courts do not excuse dangerous defects on budget grounds. The backlog explains the potholes; it does not excuse them.
Questions Worth Asking
- • If deterioration was known to be accelerating after severe winters, was inspection frequency increased on your road?
- • Was your road on the £14.2m Pothole Recovery Strategy list — and if so, why was the defect still there?
- • With a known £30m+ annual shortfall, how was your road prioritised — and is that prioritisation defensible?
Claiming Against a Big-Spending AMBER Council
Honest assessment: Kent spends heavily and documents its asset management well — here's how that changes your approach
What Works In The Council's Favour
- ✓ GREEN spend scorecard — £79.3m capital spend against a £54.3m DfT allocation in 2025/26
- ✓ 75% of spend classed as preventative — 1.2 million m² of planned surfacing delivered in 2024/25
- ✓ Documented asset management: published HAMP, revised Highway Safety Inspections Manual (May 2024), five-year forward works programme
- ✓ Annual SCANNER surveys on all A and B roads
Expect a well-documented Section 58 defence on main roads. Generic claims will struggle.
What Works In Yours
- ✗ AMBER condition — every road class declining since 2020, with no exception
- ✗ 39% of unclassified roads RED in 2024 — more than double the year before
- ✗ Most unclassified roads inspected only by visual drive-by, every other year
- ✗ Admitted £625m roads backlog and £30m+ annual shortfall — "not being able to fund steady state maintenance"
- ✗ 233,509 potholes filled in five years — defects form faster than inspections catch them
- ✗ AMBER best practice — even the DfT says Kent's wider approach has room for improvement
The Winning Strategy Here Is Specificity
Against a council with a GREEN spend scorecard and a documented asset management plan, your claim lives or dies on the specific defect:
- • Prior reports of the same pothole — Kent received 24,217 public pothole reports in 2024/25 alone, and any one matching yours is proof of actual notice
- • Photos showing the defect's size, depth and visible age (weathered edges, previous patching)
- • The road's class — on an unclassified road, the two-yearly visual-only inspection regime and the 39% RED figure are your strongest structural arguments
- • Timing — incidents after the severe winters the council itself says caused "a significant increase in road surface defects" sit in a period of admitted, known deterioration
Mac builds exactly this case: he searches for prior reports, assesses your photo evidence, and cites Kent's own transparency data where it helps you.
Hit a Pothole in Kent?
A big-spending council demands a well-built claim. £35 for a professional claim pack.
DIY Claim
- • Submit photos and invoices
- • Use generic template letter
- • No unclassified-road survey-gap argument
- • No prior-report search
- • No backlog admission cited
Professional Claim Pack
- ✅ 39% RED unclassified-road figure documented
- ✅ Two-yearly visual-only inspection regime argued
- ✅ 233,509 potholes in five years cited
- ✅ Prior reports searched and attached
- ✅ Section 58 rebuttal tailored to Kent
No percentage fees. You keep 100% of any compensation.
Frequently Asked Questions
Kent has a GREEN spend scorecard — can I still claim?
Yes. Kent spends well beyond its DfT allocation — £79.3m of capital against a £54.3m allocation in 2025/26 — but the DfT still rates its road condition AMBER, and every road class in Kent has declined since 2020. Section 58 turns on whether the specific defect that damaged your vehicle was reasonably inspected and repaired, not on how much the council spends in aggregate. A big budget spread across an 8,811km network does not fix the pothole you hit.
What does the jump to 39% RED unclassified roads mean for my claim?
Unclassified roads make up 5,484km — 62% of Kent's network — and the council's own data shows the RED share more than doubled in a single year, from 18% in 2023 to 39% in 2024. That is roughly 2,100km of residential streets, estate roads and rural lanes the council itself classes as needing consideration for maintenance. If your pothole was on one of them, the council's own published figures put it on notice that this part of its network is in widespread poor condition.
How often was my road actually surveyed?
It depends on the class. Kent SCANNER-surveys all A and B roads every year, but C-roads only over a two-year cycle (50% each year). On unclassified roads — most of the network — only those classed as 'Locally Important' get SCANNER surveys over two years; the rest receive a coarse visual inspection (CVI) over a two-year period. For most residential roads, condition data could be up to two years old and based on a visual drive-by, not laser measurement.
Does Kent's £625m backlog admission help my claim?
Yes, in two ways. First, it is documented knowledge: Kent's own transparency report states the road maintenance backlog was estimated at circa £625m in 2023/24, with an annual funding shortfall of over £30m just to keep roads in a steady state. The council cannot claim to be surprised its network is producing defects. Second, lack of money is not a Section 58 defence — the statutory test is whether the council took reasonable care to secure the road was not dangerous, and courts do not excuse dangerous defects on budget grounds.
Does Kent's £14.2m Pothole Recovery Strategy affect my claim?
It can help it. The council says the strategy is "intended to address the significant damage to our roads caused by winter weather in recent years" — a written admission that recent winters caused significant, known damage across the network. Knowledge of accelerated deterioration raises the bar for what a reasonable inspection and repair regime looks like in the affected period. If your incident falls in that window, the council's own framing works in your favour.
How many potholes does Kent actually fill?
A lot — and consistently. Kent filled 44,939 potholes in 2024/25 alone and 233,509 over the five years to 2024/25, an average of roughly 128 every day. Public pothole reports nearly doubled from 13,392 in 2021/22 to 32,146 in 2023/24. A network producing defects at that rate is one where potholes routinely form between inspections — exactly the scenario where prior reports and photographic evidence decide claims.
Data sources: Department for Transport — Local Road Maintenance Ratings 2025 to 2026 | Kent County Council Local Highways Maintenance Transparency Report (June 2025). Contains public sector information licensed under the Open Government Licence v3.0.
Reusable evidence record
Council rating evidence and provenance
Rating period: 2025-2026 · Reviewed 19 July 2026
Observed DfT fact
Overall AMBER; condition AMBER; spend GREEN; best practice AMBER.
Cautious interpretation
This is network-level context. The rating does not determine liability for a particular incident or establish what was known about a specific defect.
Correction status: No correction recorded.