The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.
The complaint
Mr Y has complained the Council has failed to carry out repairs to the highway to stop vibration in Mr Y’s property which causes him to have poor quality sleep and disturbance at his home including shaking.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
In this case, the Council has carried out several inspections of the highway in its role as the Highways Authority. It did not find defects which required intervention in either 2021 or 2023 but has agreed to continue to monitor the area in accordance with its policy. The Council has however, agreed to include the area in its future patching and gully lifting programme of works, where work is prioritised based on need and available funding.
As the Council has considered Mr Y’s concerns, inspected the site, and formed a view based on its professional judgement as the Highways Authority on what steps, if any, are necessary, it is unlikely we would find fault in the way the decision was made. As there is not enough evidence of fault in the way the decision was made, there is not enough evidence of fault to justify investigating this complaint.
Final decision
We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman