Summary: We will not investigate this complaint about prior notification of roadworks because the courts are better placed to consider the issue.

The complaint

1. Mr Y complained the Council did not tell him or other business owners about a road closure.
2. Mr Y says his business was unable to run for two weeks because of the road closure, and he lost money from loss of stock, overheating equipment and loss of customers. He says his customers also did not know when the road reopened, so his earnings were below their usual level even after the road reopened.

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The Ombudsman’s role and powers

3. 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 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

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

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My assessment

5. Mr Y contacted the Council about the roadworks on the road outside his business in June 2025. He then made a claim against the Council for the losses he says his business suffered because of the road closure in June 2025. The Council replied, rejecting Mr Y’s claim for compensation. Mr Y then came to us.
6. Mr Y is seeking compensation for the losses to his business which he says were caused by the Council not telling him about the roadworks. Compensation for business losses are for the courts to consider, not the Ombudsman.
7. We cannot recommend compensation like this and do not have the power to decide if the Council if responsible for the cost of spoiled stock or loss of income.
8. The court can do this. As the court can award the sort of compensation Mr Y is looking for, if it decides this is owed, the court is better placed than us to consider the issue and decide what should happen.
9. The court can make reasonable adjustments if Mr Y needs this and Mr Y can ask the court to tell the Council to pay his court costs if his claim is successful. I therefore think it is reasonable to expect Mr Y to go to court about the matter. We will not investigate his complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because the courts are better placed to consider the issue.

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Investigator's decision on behalf of the Ombudsman