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

The complaint

1. Mrs Y complained the Council failed to carry out enforcement action after a builder worked on the highway without a Council permit. She is also unhappy with the conduct of the building inspector, who she says told the builder that she had complained, which she feels put her in danger.
2. Mrs Y says the issue has caused her upset and worry.

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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))

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How I considered this complaint

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

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My assessment

5. Mrs Y reported a contractor carrying out work without a permit to the Council. The Council carried out an inspection and a scaffolding license was obtained shortly afterwards. Mrs Y reported the use of a ladder by the contractor. The Council again visited the area and Mrs Y says the officer made it obvious to the contractor that she had complained. The Council says the contractor pointed out Mrs Y’s property. She complained and as she was dissatisfied with the response, she approached us.
6. 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.
7. Mrs Y, while she may have been upset and feel strongly about the matter, has not suffered a serious loss, harm or distress, which would justify our involvement. Consequently, we will not investigate her complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman