Summary: The complainants say the Council failed to respond to their complaints that repairs to the highway near their home have not been effective. The Ombudsman has not found evidence of fault by the Council in its handling of this matter. For this reason, he has ended his investigation of this complaint.

The complaint

1. The complainants, who I will call Mr and Mrs X, say the Council has failed to respond to their complaint that repairs carried out to the highway outside their home have not been effective.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of my investigation I discussed the complaint with Mr X and considered information he provided. I made enquiries of the Council and considered its response. I set out my initial view on the complaint in a draft decision statement and invited comments from Mr and Mrs X and the Council.

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What I found

6. Mr and Mrs X’s home backs on to a road that is a primary route (an ‘A’ road). In 2016 they told the Council that their home vibrates when large vehicles drive over a drain cover in the road. In response the Council inspected the site and carried out repairs to the drain cover and surrounding road surface.
7. In 2017 Mr and Mrs X complained to the Council the repairs had not resolved the problem and their home was still vibrating when large vehicles drove over the drain cover.
8. In its reply the Council said that the issues raised by Mr and Mrs X were not considered safety defects and so immediate repairs would not be possible. A request for further works to be carried out would be made for that financial year. It also told them to report issues of noise to its Environmental Health department.
9. The Council completed further works to the road surface around the drain cover in November 2017.
10. In early 2018 Mr and Mrs X told the Council the works had failed as the road surface around the drain cover was breaking up. They said vibrations continued and the problem was worse at night when there was less traffic and larger vehicles could drive faster.
11. The Council carried out further repairs to the road surface but Mr and Mrs X continued to report problems. They said a sewer pipe located near their home might be contributing to the problem.
12. In October the Council inspected the site for 20 minutes between 11:00am and 12:00pm during which time it observed large vehicles driving over the drain cover and surrounding area. It said that no excessive noise or vibrations were observed, and the road surface was not damaged.
13. Mr and Mrs X continued complaining but the Council said that it considered the works carried out had addressed matters and the repairs were in sound condition. It said it would not be taking any further action. It also said they would need to take up any issues with the sewer pipe with its owners.
14. Mr and Mrs X remain unhappy and say the problems have not abated. They are trying to sell their home but the vibrations are deterring potential buyers.

Analysis

15. The Council has explained how its officers have investigated the reports made by Mr and Mrs X. It has also carried out repairs to the road surface around the drain cover. It has explained that it has not found evidence of any excessive noise or vibrations and that its most recent repairs remain in sound condition.
16. I do not consider there has been fault by the Council. This is because it:

• inspected the site following each of Mr and Mrs X substantive reports of problems between 2016 and 2018;
• carried out the repairs it considered necessary to the road surface around the drain cover; and
• visited the area to observe free flowing traffic, including large vehicles, driving over the drain cover and surrounding road surface.

17. For the above reasons I am satisfied the Council acted on Mr and Mrs X’s concerns and took the appropriate action to remedy the faults it found.
18. I appreciate that Mr and Mrs X disagree with the Council’s view that there are no vibrations or excessive noise. However, the Council has based its findings on information it has gathered during its investigations and therefore there are no reasons for me to question its view.
19. Mr X says the Council has not visited his home at night to observe the vibrations caused by large vehicles. As part of my investigation, I asked the Council if it would consider doing so. It explained that it does not consider such a visit is necessary; Mr and Mrs X’s home is over 20 metres from the road and there is no drainage infrastructure that might transmit vibrations to it. I consider the Council’s reasoning is sound so there are no grounds to recommend it carry out further visits to the property.
20. I note that Mr X has referred to a sewer pipe located near his home and has speculated that this might be the cause of the vibrations. This is not a matter the Council can assist with as it would not be the owner of the sewer pipe.

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Final decision

21. I have ended my investigation of this complaint as I have not found any evidence of fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman