Stoke-on-Trent City Council (19 009 605)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 06 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint that the Council has not repaired potholes in the road outside the complainant’s home. It is unlikely he would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mrs X, has complained the Council has not repaired potholes in the road outside her home. She says the potholes are a safety hazard and create nuisance from noise and vibrations.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
- 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I have considered what Mrs X said in her complaint and background information provided by the Council. Mrs X commented on a draft before I made this decision.
What I found
- Mrs X has complained to the Council about potholes in the road outside her home. The Council has not ignored her concerns and agrees that work is needed. However, the Council would have to close the road to carry them out and this requires following a formal procedure. The Council has not been able to give priority to the work.
- It is for the Council to decide the priority of any highways repairs and allocate its resources accordingly. While I appreciate this is frustrating for Mrs X, I have not seen evidence of fault by the Council in how it has responded to her concerns.
Final decision
- I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman