Summary: We will not investigate Mr X’s complaint that the road outside his home is uneven causing pooling of water when it rains and passing traffic to drench his driveway. There is insufficient evidence of Council fault in its decision that the condition of the road is not a priority repair. Investigation will not achieve what Mr X wants.

The complaint

1. Mr X complains the Council’s July 2020 resurfacing of the road outside his property resulted in pooling of water when it rains. Mr X says passing traffic causes the water to drench his drive and anything on it. He says the situation causes him stress. Mr X says the road needs levelling out so water will go to a drain. The Council says the condition of the road is not a priority repair and it will keep the position under review via highway inspections.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• investigation would not lead to a different outcome.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I have considered Mr X’s information, photograph, and comments. I have considered the Council’s reply to his complaint and internet street scene views of the location.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The Council has assessed the position and there is no indication of fault in its view the road is not a priority repair. The Council has explained its priorities and that it will monitor the road. Investigation will not alter the position or achieve the outcome Mr X wants.
8. The Highways Act 1980, sections 56-58, provides a legal remedy whereby a person can apply to court if the Council is failing to maintain a highway. The Council, as the highway authority, has a defence that it has taken reasonable care. Should Mr X believe his road is in such a condition he may consider his legal remedies. In that case the complaint would be outside the Ombudsman’s jurisdiction, and it would be reasonable for Mr X to use his legal remedy (see paragraph 3 and 4). However, the evidence I have does not suggest the road is in such a condition or that it causes Mr X an injustice. The properties are set back from the road.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint the road outside his home is uneven causing pooling of water when it rains and passing traffic to drench his driveway. There is insufficient evidence of Council fault in its decision that the condition of the road is not a priority repair. Investigation will not achieve what Mr X wants.

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Investigator's decision on behalf of the Ombudsman