Summary: We will not investigate this complaint about the Council’s decision not to resurface a road. There is insufficient evidence of fault that would justify an investigation.

The complaint

1. Mrs X complained to the Council that resurfacing work recently completed on a section of her road was dangerous. Mrs X says this could cause injury if she fell on it and has asked the Council to resurface this area.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says in 2021 her road was resurfaced by a contractor working under the direction of the Council and a section of the surface that was finished by hand, was dangerous.
7. The Council inspected the surface and carried out remedial work to clear loose stones. The Council says otherwise the surface finish is satisfactory.
8. We cannot question the merits of decisions which have been properly made. The Council has completed a site visit and it satisfied with the road surface. Therefore, there is not enough evidence of fault in the Council’s actions to justify investigating.

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Final decision

9. We will not investigate this complaint about the Council’s decision not to resurface a road. There is insufficient evidence of fault that would justify an investigation

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Investigator's decision on behalf of the Ombudsman