Summary: We will not investigate this complaint about pavement defects as there is insufficient evidence of fault by the Council in how it has considered this matter.

The complaint

1. Miss X sustained injuries from a fall several years ago and complains the Council has still not carried out repairs at the location.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint responses to Miss X, the Council says it examined the location where Miss X fell. In its view, whilst there was cracking to the pavement, it was minor and did not require any remedial work.
6. I have not seen evidence to suggest fault in the way the Council considered this and so, as per paragraph two, we will not investigate.

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Final decision

7. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant this.

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Investigator's decision on behalf of the Ombudsman