Summary: We will not investigate this complaint about the Council’s maintenance of the roadway near Mr X’s home. It is unlikely we would find any fault and otherwise there is no worthwhile outcome achievable by us investigating.

The complaint

1. Mr X said he was unhappy with the Council’s response to his repeated reports the roadway near his home was in poor repair. Mr X said this caused excessive vibrations at his home and affected his and his wife’s mental wellbeing. Mr X wants the Council to repair the roadway.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(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 provided by Mr X and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X said in 2017, he asked the Council to investigate his concerns about the poor state of the roadway outside his home. In 2024, he then complained to the Council because things had not improved, even after the Council had carried out repair work.
5. In the Council’s reply, it said it had inspected the roadway and carried out repairs on three occasions since that time. It also explained why it did not see additional work was necessary, saying because the construction of the surface allowed for flexible joints.
6. The Council as a local highways authority has a statutory duty to maintain adopted streets. The Council is expected to routinely monitor the state of highways and carry out repairs where necessary. But, the level of maintenance, frequency of inspection, and threshold for repair is not set out in law and is open to interpretation.
7. Given the Council’s explanations here, which appear reasonable, it is unlikely if we did investigate, that we would find fault. The Council have already taken steps to repair the roadway in the past. In any case, we could not direct them to carry out the work Mr X wants, if it does not believe this is required. There is therefore no worthwhile outcome achievable by us investigating.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely we would find fault and there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman