Summary: We will not investigate this complaint about highway maintenance because we are satisfied with the actions the Council proposes to take and further investigation would not lead to a different outcome.

The complaint

1. Mr Y complained the Council has failed to resurface a section of road near his home. Mr Y says his home vibrates when heavy vehicles drive over the section of road, which he says would not happen if the road was fully resurfaced. Mr Y says the issue has continued for several years.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y complained to the Council in 2023. The Council responded in June 2023, confirming it would fill in the larger potholes on the road over the summer of 2023. It also said it would complete resurfacing work to complete the road surface in February 2024. Mr Y then approached us.

Analysis

6. The Council’s complaint response shows that it has considered the issue, and has agreed to complete works to improve the road surface in the short and the longer term. This remedy will put Mr Y into the same position he would have been in had the road surface been laid along the entire road including his portion, in 2019. We are therefore satisfied with the actions the Council proposes to take and it is unlikely any further investigation would lead to a different outcome. We will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because we are satisfied with the actions the Council proposes to take and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman