Decision : Upheld
Decision date : 30 Mar 2015
The Ombudsman's final decision:
Summary: Mr X says the Council reduced the width of the vehicle crossover at his home during unspecified works in 2013. The Council had a different understanding of Mr X’s complaint and so its complaint responses did not give him the outcome he wanted. The Council agreed to meet with Mr X at his home to clarify his concerns and inspect the vehicle crossover. This complaint has been closed because the Council took action to address Mr X’s concerns.
- Mr X says the Council reduced the width of the vehicle crossover at his home during unspecified works in 2013.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If there has been fault, the Ombudsman considers whether it has caused an injustice and if it has, she may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1))
How I considered this complaint
- I considered the complaint and correspondence sent to the Ombudsman. I discussed matters with Mr X and a council officer. I sent a draft decision to Mr X and the Council and considered Mr X’s comments on it.
What I found
- Mr X complained to the Council about the width of the vehicle crossover at his home. The Council understood Mr X’s complaint to be that the crossover had not been constructed to the correct dimensions. As the crossover was constructed more than 30 years ago neither side has details of the dimensions when the crossover was originally constructed. There was an exchange of correspondence which did not clarify matters for either Mr X or the Council.
- This matter can be resolved through a site visit and meeting between Mr X and a technical officer from the Council’s highways department. The officer can listen to Mr X’s concerns about the crossover. The officer can conduct a technical assessment of the vehicle crossover to ascertain whether recent action by the Council or its contractors reduced the width of the crossover. The officer can then provide Mr X with a full response to his concerns.
- The Council agreed to meet with Mr X to clarify his concerns and inspect the crossover.
- I have closed this complaint because the Council agreed to meet with Mr X and respond to his concerns.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman