Summary: Mrs X complained about the Council’s failure to carry out work where her driveway meets the public highway and catches the bottom of her car. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complained about the road surface profile outside her driveway which causes her car to scrape the surface when she pulls onto the highway. She says the Council should carry out work to re-profile the raised area at the end of her driveway.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response. Mrs X has commented on a draft copy of my decision.

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What I found

4. Mrs X says she complained to the Council about a raised area where her driveway meets the highway which causes her car to scrape on the surface. She says this could be damaging her vehicle and she wants the Council to reprofile the surface.
5. The Council inspected the highway and told Mrs X that it does not meet the criteria for highway repairs to a defect in the carriageway. The work required is not a standard maintenance issue.
6. 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. In this case the Council inspected the site, but it does not consider there is a repair issue which meets the requirements for intervention.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman