Summary: We will not investigate this complaint about road maintenance. This is because Mr X has not suffered significant personal injustice, and he could take the matter to Court.

The complaint

1. Mr X says the Council has failed to repair and maintain the road near his home. He says the problems mean he has to drive a different way to avoid damage to his vehicle. Mr X wants the Council to repair the potholes and clear 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:

• 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))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the poor condition of the road near where he lives. He said the Council has failed to repair or clear waste from the road.
7. 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. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. I do not consider that the state of the road has caused a personal injustice to Mr X. I understand he avoids driving on the road because it might damage his vehicle. However, I do not consider he is caused significant injustice because of the detour to his journey.
9. Mr X has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring a highway up to standard if he believes the Council is failing in its duty to maintain the highway. I consider it is reasonable for Mr X to pursue the matter in court. Only the courts can decide whether the Council has maintained the highway properly.
10. Mr X can also make a civil claim in court if he believes the Council is liable for any damage to his vehicle due to a failure to repair the highway.

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Final decision

11. We will not investigate Mr X’s complaint because he has not suffered significant personal injustice and he could take the matter to Court.

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Investigator's decision on behalf of the Ombudsman