The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to highways maintenance. Further investigation would not lead to a different outcome.
The complaint
Miss X said she was unhappy with the Council’s response to her request for it to carry out work to address overhanging vegetation, that was partially blocking the roadway. Miss X said this was causing a hazard to road users and she found it difficult to use the road. Miss X was also unhappy about how the Council communicated with her over this.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Miss X and I considered the Ombudsman’s Assessment Code.
My assessment
In June 2024, Miss X reported her concerns to the Council’s highways team and said overgrown vegetation was causing a hazard because of decreased visibility for road users. The Council said it checked the location shortly after this report and decided not to carry the work out at that point, saying the road was not unsafe. However, the Council did not give this update to Miss X.
Because she had not heard back from the Council, Miss X then followed this up and the Council gave Miss X an expected time as to when the work would be carried out. Miss X then complained after this time had elapsed and the work was still outstanding.
During the complaint correspondence, the Council confirmed it had now completed the work and it apologised for poor communication with Miss X, saying it should have been better.
We will not investigate this complaint. This is because the Council inspected the site and decided not to carry the work straight away. It then did complete the work. It has also apologised to Miss X for its poor communication and these actions are appropriate and further investigation by us would not lead to a different outcome.
Final decision
We will not investigate Miss X’s complaint because we are satisfied with the actions the Council has taken to resolve her complaint.
Investigator's decision on behalf of the Ombudsman