Summary: We will not investigate Mrs X’s complaint about highway maintenance. Mrs X’s claimed injustice is not significant enough to warrant our involvement.

The complaint

1. Mrs X complained that after carrying out works to a local road, the Council left it covered in mud.
2. Mrs X said this caused road users to be at risk of skidding and hitting potholes, as they were not visible.

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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 provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X said the Council carried out works to a local road and left the road covered in mud.
7. In its complaint response, the Council said it had visited the site and while small amounts of mud were present, it did not have any concerns. It also said it had recently repaired a pothole in the road.
8. 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 serious loss, harm, or distress as a direct result of faults or failures.
9. While I acknowledge Mrs X’s concerns here, I do not consider she has suffered a significant injustice which meets the threshold for our involvement. For this reason, we will not investigate this complaint.

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Final decision

10. We will not investigate Mrs X’s complaint because the claimed injustice is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman