Stockton-on-Tees Borough Council (25 022 658)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 26 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council’s handling of highway works. This is because Mr B has not suffered a significant injustice and we cannot achieve the outcome he seeks.
The complaint
- Mr B complains a Council officer was at fault when overseeing works by a utility company to the highway. Mr B says the company left the carriageway in a mess but the Council officer did not take any action for weeks and now the repair works cannot be done until spring. Mr B would like the Council to remove this officer from their position.
The Ombudsman’s role and powers
- 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 injustice is not significant enough to justify our involvement, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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.
How I considered this complaint
- I considered information provided by Mr B and online maps.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint.
- Mr B lives nearby but the works did not take place on his road and the information indicates the condition of the carriageway will be put right in the spring. So, the alleged fault by the Council has not caused Mr B a serious or significant injustice which would justify an investigation by the Ombudsman.
- Also, we cannot tell organisations to take disciplinary action against staff. So, an investigation would not achieve the outcome Mr B seeks.
Final decision
- We will not investigate Mr B’s complaint because he has not suffered a significant injustice and we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman