Summary: We will not investigate Dr B’s complaint that the Council is not taking action about part of the highway which has become muddy. This is because Dr B has not suffered a serious or significant injustice which would justify an investigation.

The complaint

1. Dr B says the Council is failing to put right an area of the highway in front of a graveyard which is always muddy in the winter and after rain. Dr B says the Council’s assessment of this issue was flawed because the inspection took place in summer when it was dry. Dr B says he has to walk through this muddy area when walking his dogs. Dr B would like the Council to lay tarmac in this area to put right this problem.

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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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

3. 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.

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How I considered this complaint

4. I considered information provided by Dr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I find Dr B has not suffered a serious or significant injustice as a result of the alleged fault by the Council which would justify public money being spent on an investigation by the Ombudsman.
7. So, we will not investigate this complaint.

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Final decision

8. We will not investigate Dr B’s complaint because he has not suffered a serious or significant injustice which would justify an investigation.

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Investigator's decision on behalf of the Ombudsman