Summary: We will not investigate Mr B’s complaint about the Council not maintaining the road where he lives. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council is failing to maintain the road where he lives. Mr B says the Council does not make any repairs or grit the road. Mr B would like the Council to put in place proper drainage, re-surface the road and add the road to the Council’s gritting plan.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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 B and the Council. I have also viewed the area online.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says part of the road which Mr B complains about is unadopted. This generally means property owners who live on a road are responsible for maintaining the road. The Council has no obligation to undertake repairs. The Council says the other part is a public byway which the Council manages for recreational and not vehicle use. The Council says there are no proposals or funds available to bring either of these routes up to an adoptable standard and add to the adopted road network.
6. The Council has considered Mr B’s request and explained that it has no plans to do the work he requested.
7. I have not seen any information to indicate the Council’s response was affected by fault or that the Council has any responsibility for maintaining these routes for vehicle use.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman