Summary: We will not investigate this complaint about the Council’s alleged failure to carry out due diligence before starting on a major development project close to the complainant’s home. We consider there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mr X complains the Council failed to carry out due diligence before allowing work on an embankment near his home to take place.

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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 no worthwhile outcome achievable by our investigation.

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

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My assessment

5. Mr X says he has experienced noise and disturbance from the building work for longer than necessary. He also says the Council has failed to communicate regularly about the development.
6. The Council set up a page on its website with information about the development. It sent quarterly newsletters to residents affected by the work. Officers have also met with Mr X to discuss his concerns.
7. The Council has provided details of how residents can claim if they consider their properties have been damaged by vibration during the building work. It has also confirmed Officers and contractors meet weekly to review progress and discuss new issues. There is also a project manager on the site. A wheel washer is used to minimise mud on the roads near the site and a sweeper is used daily.
8. I understand Mr X is concerned the project has taken longer than originally planned. And, because of this, he has experienced noise and disturbance for longer than necessary. However, it is not unusual to experience technical or construction challenges leading to delays in a major development project. The Council confirms the project is due to complete in the next four weeks.

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Final decision

9. We will not investigate Mr X’s complaint. I understand he has experienced noise and disturbance for an extended period during the development. However the development will be completed in the next month, and I consider there is no worthwhile outcome achievable by our investigation

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Investigator's decision on behalf of the Ombudsman