Pothole Claims in England vs Wales
The shared legal framework and the practical road-authority, data and submission differences between England and Wales.
At a glance
- Answer first
- England and Wales share the Highways Act 1980 framework, but the strategic-road authority, local submission route and available public datasets differ.
- England strategic roads
- National Highways manages the English strategic road network.
- Wales strategic roads
- The Welsh Ministers are highway authority for Welsh motorways and trunk roads; councils handle other Welsh local roads.
What is shared
Sections 41 and 58 of the Highways Act 1980 extend to England and Wales. A claimant still needs evidence connecting the incident, alleged highway defect, damage and claimed loss. An authority may rely on Section 58 if it can establish that it took the care reasonably required in the circumstances.
The practical question is not simply which country the road is in. Identify the authority that maintained that specific road, then follow its current submission instructions.
What differs in practice
| Task | England | Wales |
|---|---|---|
| Motorway or trunk road | Check whether National Highways manages it. | Check the Welsh Government strategic road network. |
| Other local road | Use the relevant English highway authority route. | Use the relevant Welsh county or county-borough route. |
| Ratings data | DfT 2025-26 ratings cover English highway authorities. | Do not import those England-only ratings into a Welsh claim. |
Choose the correct official route
Search the verified claim-routes directory. Coverage is partial by design, so use GOV.UK or the authority's own site when an authority is not yet listed.
Welsh strategic-road claims
Scope and legal boundary
This guidance covers England and Wales. Welsh Government manages motorways and trunk roads in Wales; local authorities manage other Welsh local roads. DfT council ratings cover England only and must not be applied to Wales.
Do not stop on a motorway or live carriageway to take photographs. Protect people before collecting evidence and use an existing safe place away from moving traffic.
Related resources: council reports, the England-only ratings dataset, and the free eligibility journey.
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