Summary: We will not investigate Mr B’s complaint about the Council’s handling of road widening works. This is because the alleged fault has not caused Mr B a significant injustice.

The complaint

1. Mr B complains the Council has failed to ensure a developer has provided an adequate road surface after a main road was widened. Mr B says the road is smooth but undulates which causes a bumpy ride. Mr B says the problem remains two years after the road was widened and the Council has delayed dealing with this matter. Mr B would like the Council to ensure the developer completes the works to the required standard.

Back to top

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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

Back to top

How I considered this complaint

4. I considered information provided by Mr B and have viewed the area on Google Maps and Streetview.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We could start an investigation into the Council’s handling of this matter. But, I find an investigation is not justified.
7. Mr B has not claimed the condition of the road is a safety issue. Mr B does not live nearby. Mr B may choose a different route into this town if he would rather not drive on this section of road until the works are completed.
8. So, Mr B has not suffered a significant and personal injustice as a direct result of the alleged fault by the Council.

Back to top

Final decision

9. We will not investigate Mr B’s complaint because he has not suffered a serious or significant injustice as a result of the alleged fault.

Back to top

Investigator's decision on behalf of the Ombudsman