Summary: The Ombudsman will not investigate this complaint about a road repair which led to the complainant’s daughter getting tarmac on a tyre. This is because there is insufficient evidence of injustice.

The complaint

1. The complainant, who I refer to as Mr X, says the Council is responsible for his daughter getting tarmac on a bike tyre. He wants the Council to fix the tyre.

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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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I watched a video on Jet Patching and briefly researched how to remove tarmac from a tyre. I invited Mr X to comment on a draft of this decision.

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What I found

Jet Patching

4. Jet Patching is a technique which allows road defects to be quickly repaired. The work is done from the vehicle as a moving repair and the section of road is not cordoned off. The Council does the work and then moves to the next defect. According to the manufacturer’s website, the area can be driven over soon after the repair has been done.
5. Tarmac can be removed with products costing less than £10. Some cycling forums state it can be removed with petrol or by riding on clean surfaces.

What happened

6. Mr X and his young daughter were on a bike ride. His daughter rode over a recently repaired defect and tarmac stuck to the tyre making the bike unrideable.
7. Mr X complained to the Council. In response the Council explained that Jet Patching works had been done in the area. It said the tarmac can take longer to dry in some weather conditions and, because only a small area of the road is affected, there is no need for any section of the road to be closed. The Council explained there are products available which can be used to remove tarmac.
8. Mr X is dissatisfied with the reply. He says there were no signs and it is unacceptable for the Council to suggest he should spend money cleaning the tyre. He wants the Council to repair the tyre.

Assessment

9. I will not start an investigation because there is insufficient evidence of injustice. I appreciate getting tarmac on the tyre was frustrating and annoying but it is relatively easy to remove using inexpensive cleaning products which are readily available. Mr X feels he should not have to spend time or money cleaning the tyre but this does not represent a degree of injustice which requires an investigation by the Ombudsman.

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Final decision

10. I will not start an investigation because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman