The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with roads and drains on the estate where Mrs X lives. This is because it was open to Mrs X to check what legal agreements were in place when she purchased her property and so she has not been caused an injustice as a result of the actions of the Council.
The complaint
Mrs X complains the Council failed to secure legal agreements from a developer to ensure roads and drains were brought up to adoptable standard on an estate where she lives. Mrs X says the developer has gone bust and the roads and drains are unfinished and the Council is not willing to finish the work or adopt the roads on the estate.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils do not have to secure legal agreements or funds from developers regarding roads and drains. It is open to developers to submit planning applications for developments with private roads and drainage systems which is what has happened in this case.
It was open to Mrs X to check arrangements in place and satisfy herself of the situation through legal checks when she purchased the property. Therefore Mrs X has not been caused an injustice as a result of the actions of the Council.
Final decision
We will not investigate Mrs X’s complaint because she has not been caused an injustice as a result of the actions of the Council.
Investigator's decision on behalf of the Ombudsman