Summary: We will not investigate this complaint about highway maintenance because there is not enough injustice to warrant investigation.

The complaint

1. Mr Y complained the Council allowed various works to go ahead along a main road during busy times, and allowed contractors to avoid less busy times, such as holidays and weekends. This led to Mr Y experiencing pressure during collection times for his child from nursery.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. 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.
5. In this case, while Mr Y may have found the works brough him additional worry about collecting his child from nursery on time and caused frustration, we would not consider this a significantly serious harm or distress to warrant further investigation. Consequently, we will not investigate.

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Final decision

6. We will not investigate Mr Y’s complaint because there is not enough injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman