Summary: Mr X complains about the Council’s response to his reports of property vibration caused by large vehicles travelling over an uneven road surface. The Ombudsman will not investigate the complaint because it would be reasonable to expect Mr X to take the matter to court.

The complaint

1. The complainant, who I refer to as Mr X, says the Council’s response to his concerns that large vehicles which pass by his property over an uneven road surface causing vibration is irresponsible. He says it has shifted its road management function on to him and this is causing him upset.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr X, including the Council’s response to his complaint. I gave Mr X the opportunity to comment on my draft decision.

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What I found

5. Mr X contacted the Council to complain that his property vibrated when large vehicles passed by on the uneven road surface outside his home.
6. The Council inspected the road area and while it recorded a defect, it explained to Mr X that the defect was not one which would attract a high priority repair as it was not as bad as other defects recorded on its system.
7. It advised Mr X that it did not investigate individual vibration concerns and suggested he could commission his own independent survey or contact his insurers to assist with the matter.
8. Dissatisfied with the Council’s response, Mr X complained to the Ombudsman.

Assessment

9. The restriction highlighted at paragraph 3 of this statement applies to Mr X’s complaint. If he believes negligence by the Council has caused damage to his property, he can make an insurance claim which, if liability is denied, he can challenge in the courts.
10. Moreover, if Mr X wishes to pursue a case about the state of the highway then it is open to him to take action against the Council through the Magistrates court under s56 of the Highways Act 1980.
11. As Mr X has an alternative court remedy which we would reasonably expect him to make use of, the complaint falls outside our jurisdiction and will not be investigated.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because it would be reasonable to expect Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman