The Ombudsman's final decision
Summary: We will not investigate this complaint about delays in repairing a damaged drain on a public road because the Council has already apologised for the delay and made arrangements to assess the damage, so further investigation would not achieve a different outcome.
The complaint
Mr X complains about how the Council dealt with his report of a damaged drain on a public road that created a risk of flooding to nearby properties, including his own. Mr X says the Council did not attend a site visit that was arranged in December 2023 and failed to contact him to rearrange this. He also says there were delays in responding to his complaint.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s complaint response acknowledges that it failed to carry out a site inspection that had been arranged in December 2023 and did not make alternative arrangements at the time, as well as the delay in contacting Mr X.
The Council has apologised to Mr X and arranged for a site visit to be carried out to assess the reported damage. I will not investigate Mr X’s complaint because doing so would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because doing so would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman