Summary: We will not investigate this complaint about the Council’s management of roadworks because we are unlikely to find fault in the Council’s actions to warrant an investigation by the Ombudsman. Mr Y has also not suffered significant injustice.

The complaint

1. Mr Y complains that the Council did not properly oversee the progress of roadworks and did not notify residents about these.
2. Mr Y says that the roadworks caused continuous disruption to daily travel.
3. Mr Y also complains about the Council’s handling of his complaint.

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The Ombudsman’s role and powers

4. 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, or
• 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))

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How I considered this complaint

5. I considered information provided by Mr Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y complained to the Council about roadworks taking place in his local area. He said he received no direct notification about these.
8. The Council explained the roadworks were being done under Temporary Traffic Regulation Orders (TTROs), which does not require it to consult with residents. The Council did publish details of the roadworks in local newspapers, on its website and on signage in the area to advise motorists about the roadworks prior to them taking place.
9. The Council explained why the roadworks were necessary, and reassured Mr Y that it was involved in the co-ordination of them to minimise disruption to the road network.
10. We are unlikely to find fault in the Council’s actions to warrant an investigation by the Ombudsman.
11. I acknowledge that roadworks can cause inconvenience and disruption to road users, but I do not consider Mr Y has been caused significant personal injustice.
12. Mr Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

13. We will not investigate Mr Y’s complaint because we are unlikely to find fault in the Council’s actions and there is insufficient evidence of Mr Y suffering significant injustice to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman