Summary: We will not investigate this complaint about work the Council is doing on a highway in the local area. The injustice to Miss X is not significant enough to justify our involvement and another body is better placed to consider her concerns about damage to her property.

The complaint

1. Miss X complains about works the Council has commissioned contractors to complete on a local highway. She says the works cause disruption through noise and vibration to her property. She believes the Council should commission a surveyor to assess the impact of these works on her property. She wants the Council to reassure her and other local residents that the works will not damage their homes. She also wants the Council to minimise the noise from the works and to ensure the height of trees planted along the highway will be maintained to prevent light obstruction in future.

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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, or
• 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

3. I considered information provided by the complainant.

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My assessment

4. The Council’s Highways Team are undertaking works to a highway local to where Miss X lives. The works commence approximately three miles from Miss X’s property. The Council has explained to Miss X it will not be hiring a surveyor to assess the impact of vibrations from the works on her property. It has suggested Miss X’s home insurance may cover services such as surveyors of this nature. The Council has also sought to reassure Miss X that tree and shrubs planted along the highway will be maintained and will not impact on the natural light reaching her property.
5. 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 organisation. This means we will normally only investigate a complaint where the complainant has suffered a 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. I am not persuaded there is significant injustice caused to Miss X by the Council’s works to justify us investigating further.
6. In addition, the legislation that set out our powers also places some restrictions on what we can investigate. This includes negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which can only be determined by insurers or the courts. We cannot decide liability or award damages. Any claim for damages, such as repair costs for damage to property foundations, which Miss X considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Miss X to pursue her claim through either her insurer or the courts.

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Final decision

7. We will not investigate Miss X’s complaint because the injustice to her is not significant enough to warrant our involvement. Another body is better placed to consider Miss X’s claims of damage to her property.

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Investigator's decision on behalf of the Ombudsman