North Yorkshire Council (24 003 746)

Category : Transport and highways > Highway repair and maintenance

Decision : Closed after initial enquiries

Decision date : 30 Jul 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of gully cleaning and parking suspension in Mr X’s road. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

  1. Mr X complains about the Council’s poor service and communication in relation to gully cleaning and parking suspension in his road.

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The Ombudsman’s role and powers

  1. 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, or
  • any injustice is not significant enough to justify our involvement, or
  • we could not add to any previous investigation by the organisation, or
  • 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

  1. I considered information provided by the complainant and the Council, including its response to the complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In responding to Mr X’s complaint about gully cleaning and parking suspension in his road, the Council acknowledged some fault in its handling of matters. It confirmed the gullies would be cleaned as soon as possible with liaison with parking services to minimise disruption for residents of the road. It also highlighted the need for action to ensure customer contact relating to highways should be dealt with in a timely manner.
  2. We do not investigate every complaint we receive. We are publicly funded and have an obligation to us the funds allocated to us in an effective, efficient and economic manner.
  3. The gullies have now been cleaned and while there was some fault by the Council which it acknowledged, an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome so we will not pursue the complaint further.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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