Summary: We will not investigate Mr X’s complaint about a road closure and the impact this had on his business. This is because the work has now been completed so an investigation would not lead to a different outcome. And because the courts are better placed to consider a claim for compensation.

The complaint

1. Mr X complains the Council closed a road for longer than necessary, impacting his business. He says the directional signage in place has been poorly managed. Mr X wants the Council to complete the work and pay him compensation for loss of earnings to his business.

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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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

3. 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)

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How I considered this complaint.

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is unhappy with the closure of a road outside his business for several months. He says the closure has impacted his business. The Council say it has now finished the roadworks in December 2024.
7. I will not investigate Mr X’s complaint because the roadworks are now complete and the road has reopened. Further investigation would not lead to a different outcome on this point.
8. And the courts are better placed to decide and assess claims for economic loss. Mr X could seek this remedy by taking the matter to court, and it is reasonable to expect him to do so in the circumstances.

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Final decision

9. We will not investigate Mr X’s complaint because doing so would not lead to a different outcome and the courts are better placed to consider any compensation.

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Investigator's decision on behalf of the Ombudsman