Summary: We will not investigate this complaint about highway repair because we are satisfied with the actions the Council has taken.

The complaint

1. Mr Y complained the Council has failed to properly maintain the highway as it has failed to make a large pothole safe and failed to properly respond to his complaint.
2. Mr Y says he found the Council’s handling of the complaint rude and disdainful, causing him upset.

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The Ombudsman’s role and powers

3. 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 an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

7. Mr Y complained to the Council about a large pothole on his road. Due to a large storm the Council did not inspect or repair the storm within its usual timescales. When it did inspect the road, it found the pothole needed to be repaired urgently and this work was completed within 72 hours.
8. Mr Y also complained about the lack of response to his complaint from the Council. The Council considered this within its complaint response and agreed it had not communicated with Mr Y as well as it should and apologised for this.
9. The Council has properly considered and investigated the complaint, ensuring that the initial issue has been resolved by making the repair and apologising for its poor communication surrounding Mr Y’s complaint. This remedy is proportionate and appropriate for the injustice caused by the fault Mr Y complained about and which the Council admitted. We are therefore satisfied, as it is in line with our own guidance on remedies, with the cations the Council has taken in this complaint. Consequently, it is unlikely the Ombudsman would be able to add to the original investigation and it is unlikely further consideration would lead to a different outcome. We will therefore not investigate this complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because we are satisfied with the actions the Council has taken.

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Investigator's decision on behalf of the Ombudsman