Summary: We will not investigate this complaint about work carried out to the road where the complainant lives. We cannot decide whether the Council is liable for damage to his property or personal injury, these are matters for insurers or the courts. Nor can we require the Council to impose penalties on those who carried out the work.

The complaint

1. Mr X complains about the highway work permitted by the Council where he lives.
2. He wants the Council to
• impose a fine against the developer for closing the road without the correct authorisation
• make the contractors repair the damage to his property
• admit it broke the law by failing to maintain a safe highway ; and
• confirm liability for his child’s injury.

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The Ombudsman’s role and powers

3. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr X considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claims for damage to property of personal injury through either his insurer or the courts.
8. We cannot require the Council for impose a penalty on a contractor.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot achieve the outcomes he is seeking. We cannot determine whether the Council is liable for damages or require it to impose penalties on those who carried out the works to the highway.

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Investigator's decision on behalf of the Ombudsman