Summary: We will not investigate this complaint about highway repair and maintenance because any injustice is not significant enough to justify our involvement.

The complaint

1. Mr Y complained the Council has failed to ensure the proper reinstatement of a road surface after roadworks were carried out in 2022. Mr Y says this has increased the road noise.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
5. Mr Y has described his own injustice as being the increased road noise. While Mr Y may find this annoying, we would not consider this to be a sufficiently serious loss, harm or distress to justify use of public funds to investigate. Consequently, we will not investigate this complaint.

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Final decision

6. We will not investigate Mr Y’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman