The Ombudsman's final decision
Summary: We will not investigate this complaint about highway repairs following works by utility companies in Mrs X’s local town centre. We cannot investigate this matter which affects all or most of the people in the Council’s area.
The complaint
Mrs X says the town centre where she lives had stone setts laid at considerable expense to council tax payers and three years ago they were damaged by utility companies who backfilled their work with tarmac. She says this is unsightly and has degraded the visual benefit of improvements paid for by the public.
The Ombudsman’s role and powers
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says stone setts were installed in her town centre at great public expense as part of a project to enhance the area. Three years ago, utility companies provided services to flats above shops as part of regeneration works to the centre. they damaged the setts and repaired the footways with tarmac patches.
Mrs X complained to the Council, which is the highway authority, and it advised her that the tarmac was temporary to ensure safety to the public. She says that the matter has been unaddressed for three years and the Council’s claim that it is difficult to obtain materials is insufficient. She says the Council should obtain payment or re-instatement by the utility companies. If it cannot so, then it should pay for the work to be completed. The Council told her that it is still seeking like for like replacement from various utility companies.
The highway improvements were funded by the County Council from the precept which it takes from the council tax paid by all residents in the county. This means that the cost of the damage to the stone setts affects all the council tax payers in the area who paid for it, not just Mrs X or residents of her town. For these reasons we are unable to investigate a matter affecting all or most of the residents.
Final decision
We will not investigate this complaint about highway repairs following works by utility companies in Mrs X’s local town centre. We cannot investigate this matter which affects all or most of the people in the Council’s area.
Investigator's decision on behalf of the Ombudsman