The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because any injustice is not significant enough to justify our involvement.
The complaint
Mr Y complained the Council has failed to reinstate and then reclaim costs for the installation of an illegal dropped kerb in its area. Mr Y feels frustrated by this and is worried this is a safety hazard.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement. (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
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
In this case, Mr Y’s injustice is largely the worry he has that he will trip on the dropped kerb, or someone else will, and suffer an injury. However, this has not as yet happened and so is not an injustice Mr Y has yet suffered. Any other emotional injustice such as frustration is not significant enough a harm or loss to warrant investigation. Consequently, we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman