Summary: The Ombudsman will not investigate Mr X’s complaint about problems with the condition of the highways and public areas where he lives because Mr X has not suffered any significant personal injustice because of the alleged faults by the Council.

The complaint

1. Mr X says the Council has failed to act on his reports of issues such as (but not limited to):
• uneven pavements
• roads which need resurfacing
• cyclists on pavements
• vermin caused by rubbish
• the need for speed indicator sign installed; and
• replacing benches

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

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

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

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How I considered this complaint

3. I considered the information provided by Mr X and discussed his complaint with him.

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What I found

4. Mr X reported his concerns to the Council to improve the area where he lives for public benefit.
5. But Mr X has not suffered any significant personal injustice because of the way the Council has responded to his concerns.

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Final decision

6. Subject to any comments Mr X might make, my view is the Ombudsman should not investigate this complaint. because he has not suffered any significant personal injustice because of the way the Council responded to his complaints about the condition of public areas where he lives.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman