Bristol City Council (21 013 748)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 20 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the quality of highways repairs near the complainant’s home. We cannot investigate complaints about councils wasting tax payers’ money. Fault by the Council within our jurisdiction has not caused the complainant injustice that warrants our involvement.
The complaint
- The complainant, who I refer to here as Mr B, has complained about the quality of highway work carried out by the Council. He says it is it is waste of council tax payers’ money and he has spent a year dealing with the Council about it.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate something that affects all or most of the people in a council’s area. This includes complaints about how councils use council tax. (Local Government Act 1974, section 26(7), as amended)
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided Mr B and the Council. I also considered our Assessment Code.
My assessment
- Mr B raised his concerns with the Council in early 2021 and made a formal complaint in August 2021. The Council responded at the final stage of its complaints procedure in November 2021. It did not uphold Mr B’s complaint.
- We cannot look at complaints about the Council wasting tax money. I have considered whether it is likely we would find fault by the Council within our jurisdiction has caused Mr B significant personal injustice.
- The Council has not ignored Mr B’s concerns but disagrees with him about the quality of the work. This is for the Council to decide.
Final decision
- We will not investigate Mr B’s complaint because we are unlikely to find fault by the Council has caused Mr B injustice that warrants our involvement.
Investigator's decision on behalf of the Ombudsman