Summary: We will not investigate this complaint about a developer blocking the street where Mr X lives. This is because Mr X has not been caused an injustice that justifies investigation.

The complaint

1. Mr X complains the Council failed to take action when a developer blocked the highway when building a new development. Mr X says local people were given no notice of this and construction vehicles regularly went the wrong way down a one way street.

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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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Whilst Mr X lives on the same street as the development he does not live near to it. There are a number of different ways Mr X can exit his street without having to drive past the development site. Therefore Mr X has not been caused a significant injustice and we will not investigate this complaint.
6. Mr X says he complains on behalf of others who are affected. However he has not provided us with their details or consent to complain on their behalf. If Mr X wants to complain on behalf of people who live closer to the development site he can make a new complaint to the Ombudsman.

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Final decision

7. We will not investigate Mr X’s complaint because he has not been caused an injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman