Summary: We will not investigate this complaint about highway repair and maintenance because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council failed to repair a manhole cover on a road close to his home which had caused repeated noise. He said this had caused him stress and anxiety. He wanted the Council to repair the road.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council did not fix a manhole cover on a road near his home which had caused repeated noise disturbance.
6. In its complaint response, the Council apologised the initial repair to the manhole cover did not take place as scheduled. It said a temporary repair had been completed a few days later. The Council told Mr X additional planning had been needed to schedule the repair due to the traffic volumes and strategic importance of the road.
7. The Council said a full repair for the manhole cover was scheduled for the following month. This repair would also include resurfacing the affected area.
8. In its complaint response, the Council offered Mr X its sincere apologies for the disruption caused by the noise of the manhole cover, and the frustration created by the delay in the matter being resolved.
9. We will not investigate this complaint because further investigation would not lead to a different outcome. The Council arranged for a temporary repair, followed by a more permanent fix for the manhole cover, and it apologised for the delay in resolving the matter.
10. Mr X complained the Council did not adhere to its complaints procedure when it responded to his complaint. In its complaint response, the Council apologised to Mr X for the delay in responding to his complaint, and for a lack of clarity in one response.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman