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

The complaint

1. Mr Y complained the Council has failed to properly communicate with him relating to a pathway and has failed to make the necessary repairs.
2. Mr Y says this has caused him inconvenience and concern, particularly at the potential safety risk caused.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We do not start or continue 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

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

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My assessment

7. Following an accident in July 2023, the wall outside of Mr Y’s property was damaged. Mr Y reported this to the Council and asked for it to be repaired. As he had not received a response, Mr Y complained.
8. The Council’s final complaint response in April 2024 apologised for the poor communication Mr Y experienced. It also said that as soon as the budget to repair the wall had been confirmed it would carry out the work. It then repaired the wall in September 2024.
9. The Council has apologised, and the wall is now repaired. Consequently, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault. We are therefore satisfied with the actions taken. As it is in line with our guidance on remedies, it is unlikely further consideration of this complaint would lead to a different outcome. We will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman