Summary: The Ombudsman will not investigate Mr X’s complaint that the Council has failed to install an appropriate drain cover and restore his drive to its original condition following work to remove asbestos. The Council has not caused Mr X injustice.

The complaint

1. Mr X complains the Council has failed to restore his driveway paving and main drain cover to its original condition following work to remove asbestos at his property. Mr X says it is more difficult to lift the drain cover and it looks “very shabby”.

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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:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely investigation will lead to a different outcome.

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

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How I considered this complaint

3. I have considered Mr X’s information, comments and reply to my draft decision. I have spoken to him by telephone. I have considered the Council’s replies to his complaint and photographs of the drain cover.

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What I found

4. The Council says it believes it has done a good job and restored the property as close as possible to the original. It says it did extra work including providing Mr X with a new shed.
5. Mr X confirms his property was restored. He says the issue is the front drain cover which is a different design from the back one and more difficult to raise. He is not happy with the gap round the edge, of about an inch. He says drive paving is not all level. Mr X told the Council the drain and some of the paving ‘does not look as good’. Mr X tells me, regarding his relocated greenhouse, that he spent about £4 on clips to hold the glass panes in place due to them leaking.
6. The Council’s contractor visited and gave Mr X instructions on how to raise the front drain cover. It is not suggested that it is not useable although Mr X tells me he has not tried to raise it.

Analysis

7. I will not investigate this complaint. The Ombudsman investigates fault causing injustice. Although it is not clear why two different drain covers were installed, the photographs and Mr X’s comments do not show an injustice.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint that the Council has failed to install an appropriate drain cover and restore his drive to its original condition following work to remove asbestos. The Council has not caused Mr X injustice.

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Investigator's decision on behalf of the Ombudsman