Summary: We will not investigate Mr X’s complaint about road damage outside his property. This is because it is reasonable for Mr X to go to court.

The complaint

1. Mr X complained about the Council failed to repair the road outside his property. He said when large vehicles drive over cracks in the road it creates vibrations that he worries may cause damage to this home. He said the Council failed to:
• follow its own procedures by not responding to his complaints;
• provide information he requested; and
• undertake necessary repair work to resolve the issue.
2. Mr X said he is concerned about damage the vibrations might cause to his property. He said the situation is causing him avoidable distress. He wants a long-term solution rather than temporary repairs that only last a few months.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X said he first reported cracks in the road outside his property in 2021. Since then, he said the Council, had conducted repair work on three separate occasions. However, Mr X said the problem persists, as repeated repairs have resulted in an uneven road surface. Mr X says the road cracks cause damage to his property for which he believes the Council should be held responsible.
10. We will not investigate Mr X’s complaint the Council has not repaired the road properly. That is because his claimed injustice is the state of disrepair is causing damage to his property. Claims of liability for damages are legal matters only insurers and the courts can decide. Therefore I cannot see any good reason why he cannot make a claim with the Council’s insurers or failing this go to court.
11. Mr X said the Council also failed to respond to his most recent complaints, which he said is a breach of the Council’s corporate complaints policy. 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, therefore we will not investigate this part of Mr X’s complaint.
12. Mr X further said he requested various documents from the Council which it failed to provide. If Mr X requested the information as part of a subject access request (SAR) the Information Commissioner’s Office (ICO) is better placed to deal with complaints about data protection matters, including how public bodies respond to SARs, therefore we will not investigate as there is another body better placed to consider this part of Mr X’s complaint.

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Final decision

13. We will not investigate Mr X’s complaint because it is reasonable for Mr X to go to court.

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Investigator's decision on behalf of the Ombudsman