Summary: We will not investigate this complaint about how the Council dealt with matters relating to works carried out on a highway. This is because there is insufficient evidence of fault by the Council and the courts are better placed to consider the complaint’s claim for compensation.

The complaint

1. Mr X complains that the Council failed to consult with business owners about work to a road where his business is located. He says his businesses has suffered significant losses due to the work and he should be compensated. Mr X also complained about how the Council dealt with his complaints about these matters.

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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. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X owns a business on a road subject to major road works lasting more than a year. Mr X says the Council failed to consult with him as a business owner before deciding to carry out the work which Mr X says led to a loss off footfall resulting in his business losing tens of thousands of pounds. Mr X says the Council should compensate his for these losses.
6. I will not investigate Mr X’s complaint. There is no statutory duty on councils to consult with business owners on road works and for this reason there is insufficient evidence of fault with the Council not doing so in this case.
7. There is also insufficient evidence of fault with the Council for not compensating Mr X for the losses he says his business incurred due to the road works. This is because there is currently no statutory compensation for businesses affected by road works and therefore the Council has no obligation to compensate Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman