Summary: We will not investigate Mr X’s complaint about the Council’s planning and coordination of roadworks in his area. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council is failing to appropriately plan or coordinate roadworks in his area which is causing unacceptable traffic congestion for residents. He wants the Council to review its processes for granting roadwork permits to contractors.

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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 there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council, as Highways Authority for Surrey, has a duty to minimise disruption to the road network in its area by planning and co-ordinating roadworks, where possible. Utility companies can request a permit for works in advance or at short notice for emergency works. Councils cannot refuse requests for emergency works.
7. In its complaint response to Mr X, the Council explained why it had issued a recent emergency permit for roadworks in his area. It explained it had considered evidence provided by the utility company and was satisfied that the works requested were an emergency. It explained how it assesses each permit request, inspects each work site during works and how it manages the number of roadworks taking place in the area.
8. We will not investigate this complaint. The Council’s role is to minimise the disruption caused by roadworks but cannot refuse permits for emergency works. The Council considered the information provided by the utility company and was satisfied the requested work was an emergency. This was the Council’s decision to make. We cannot question this decision just because Mr X disagrees with it. There is insufficient evidence of fault in the Council’s decision making process to warrant an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman