Summary: We will not investigate this complaint about the Council’s response to a road hazard he reported. Any injustice to Mr X because of the extent of the Council’s response, is not significant enough to justify an investigation.

The complaint

1. Mr X complained because he was unhappy with the extent of the Council’s response after he reported a road hazard caused by mud and debris on a road he was travelling. Mr X said he reported a similar concern about a week after this and got no response whatsoever. Mr X said he is more broadly concerned about road safety and believes the Council should do more to prosecute offences.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X told us he was unable to navigate through a road, because of a hazard caused by mud and debris on the roadway. Mr X said this left him immobile on a motor vehicle for several hours. Mr X complained because he reported this to the Council, and it failed to take effective action.
5. The Council responded to Mr X’s first concern saying it carried out an inspection of the road within a short period of time of the matter being reported. It said it saw there was a warning sign and decided it was not a safety defect. Mr X disputed the competence of the person who inspected the roadway and disagreed with the Council’s assessment.
6. We do not start or continue an investigation if we decide the impact of the fault a person complains about is not so significant that we should investigate.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the Council. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. I am not satisfied any injustice to Mr X as a result of the Council’s response to his report of a road hazard, that had already impacted on him, which was outside of the Council’s control, is significant enough to warrant a full Ombudsman investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman