The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council carrying out road layout alterations, or the delays in it doing so. This is because the Council has apologised for Miss X’s inconvenience and explained its actions. There is otherwise no worthwhile outcome we can achieve.
The complaint
Miss X was unhappy with how the Council managed road layout alterations on her street, including the length of time it took for them to carry out these works. Miss X said this caused her inconvenience and she now wants the Council to apologise.
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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
Miss X was unhappy with the arrangements the Council put in place to undertake road layout alterations on her street. She also complained the work was taking longer than the published time, and this caused her avoidable inconvenience.
The Council replied to Miss X’s complaint and apologised the work had caused her inconvenience. It said it partially upheld her complaint, because she had not been notified of the works outside her property. It also explained why it was carrying out the works, in line with earlier consultation it had carried out.
We will not investigate Miss X’s complaint. The Council has explained why it was carrying out road layout alterations in line with earlier consultations and we could not direct the Council to carry out this work in a specific way, because it is the Highways Authority, not us. There appears to be no wider public interest concerns to justify an investigation and therefore there is no worthwhile outcome achievable by us investigating.
Final decision
We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman