Summary: We will not investigate this complaint about the standard of the repair made to the road near to Mr X’s house. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the standard of surface redressing on the road he lives on was poor. Mr X says since the resurfacing was carried out the road has bumps and flat spots which cause a noise disturbance. Mr X says it has been a waste of tax payer’s money and the Council should hold the sub-contractor to account and arrange for the road to be put right.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the poor standard of the surface redressing on the road outside his home. The Council has explained the steps carried out to resurface the road. It acknowledged the lock chip machine did break down but it contacted the service provider who confirmed the breakdown did not affect the quality of the work and that it was done to a high standard.
7. I understand Mr X disagrees and says the road causes noise disturbances. However, the Council does not owe a duty to investigate noise or vibration from traffic. Its duty, as highway authority, is to reasonably maintain the highway.
8. It is unlikely an investigation will identify fault by the Council.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman