Summary: We will not investigate this complaint about highway repairs and maintenance works because any injustice is not significant enough to justify our involvement and it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

The complaint

1. Mrs Y has complained the Council failed to coordinate planned roadworks in the area causing disruption on major roads in her area. She is also unhappy with the Council’s response to her complaint which she says was delayed and failed to properly address the issues.
2. Mrs Y says she has felt ignored and powerless during the process. She also says the issue has caused ongoing disruption and increased fuel use and travel time around her area, causing her frustration.

Back to top

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

How I considered this complaint

5. I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs Y says the continued roadworks in her area, she says caused by poor coordination and planning by the Council, have caused ongoing disruption, increased fuel use and travel time around her area. She says this has caused her frustration and that her experience of the complaints process, in which she says has experienced delays and a lack of answers, has made her lose trust in the Council, making her feel ignored and powerless.
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 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.
8. While Mrs Y feels strongly about the roadworks in her area, including on the main road near her home, she has not suffered a significant, personal harm, loss or distress. While there is irritation and annoyance, this is not significant enough to justify our involvement in the matter. We will not investigate.
9. As we are not investigating the substantive matter, it is not a good use of public resources to investigate how the Council dealt with or responded to Mrs Y’s complaint. We will not investigate.

Back to top

Final decision

10. We will not investigate Mrs Y’s complaint because any injustice is not significant enough to justify our involvement and it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Investigator's decision on behalf of the Ombudsman