Summary: We will not investigate Mr A’s complaint about how the Council calculated compensation for households affected by a new transport scheme. This is because Mr A has not been caused a direct injustice.

The complaint

1. The complainant, whom I refer to here as Mr A, says that the Council applied an unfair methodology when calculating the compensation awarded to households affected by noise from a newly introduced transport scheme. Mr A has asked the Council to reconsider how it has calculated compensation, but is dissatisfied with the Council’s response.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6))

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I considered information provided by Mr A and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The transport scheme was completed in approximately early 2015. Information provided by Mr A and the Council shows that the two parties have exchanged correspondence about the matter intermittently since this time.
7. Mr A says his property is not affected, but he is raising the issue on behalf of other residents in the area. This being the case, Mr A has not suffered a direct injustice because of any alleged fault in the Council’s actions.
8. Moreover, the Ombudsman cannot normally investigate a complaint when the matter can reasonably be pursued via a tribunal. The Upper Lands Tribunal can consider claims relating to loss of value arising from public works, such as noise nuisance from new roads. I consider it would have been reasonable for any affected parties to pursue a claim for additional compensation in this way.

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Final decision

9. We will not investigate Mr A’s complaint about how the Council calculated compensation for households affected by a new transport scheme. This is because Mr A has not been caused a direct injustice.

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Investigator's decision on behalf of the Ombudsman