Summary: We will not investigate this complaint about highway maintenance works because any injustice is not significant enough to justify our involvement.

The complaint

1. Mr Y complained the Council carried out maintenance work late at night outside his home on a private road, which woke him up with bright shining lights and prevented his sister from being able to access his property to stay the night.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

4. 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 of injustice is not a serious or significant matter.
5. In this case, Mr Y may have been woken up, late at night, but this was only temporary and will have been short-lived. We would not consider this a significant injustice which warrants investigation.
6. Mr Y has provided photos of signs showing that any blockage of the road outside his home being expected to last for 15 minutes. The road blockage therefore would have been very short, and while Mr Y’s sister decided to spend the night elsewhere, with the delay only being expected to last a short time, it is not a serious harm, loss or distress which would warrant investigation. We will not investigate.

Back to top

Final decision

7. We will not investigate Mr Y’s complaint because any injustice is not significant enough to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman