Cumberland Council (24 005 701)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 15 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about failure to repair a defective manhole cover. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council confirms the repair has now been completed. Further investigation will not lead to a different outcome.
The complaint
- Ms X complains the Council refused to repair a noisy manhole cover outside her home.
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 Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Ms X’s complaint because the Council confirms the manhole covered has been repaired. Further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman