Summary: We will not investigate this complaint about highway repair and maintenance. There is not enough evidence of fault to justify investigating, further investigation would not lead to a different outcome and any injustice is not significant enough to justify our involvement.

The complaint

1. Ms X complained the Council did not inform her of roadworks that took place outside her home. She said the Council installed lines in front of her home to prevent temporary parking without consultation. She the Council’s responses to her complaint were not empathetic. She wanted an apology, and the lines in front of her property to be removed.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

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

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My assessment

5. Ms X complained the Council did not tell her that roadworks were due to take place outside her home.
6. In its complaint response, the Council told Ms X it had written to households near to the roadworks in advance of the work taking place. The Council apologised to Ms X if she had not received the letter. The Council said it had also put up notification boards to advise of the roadworks, and it had put notices on social media and in the local press when the works were delayed.
7. We will not investigate this part of Ms X’s complaint because there is not enough evidence of fault to justify investigating. The Council used various methods of communication to inform residents about the roadworks.
8. Ms X also complained the Council had installed road markings on her street which prevented temporary parking without prior consultation.
9. In its complaint response, the Council said the road markings that had previously been in place had been re-painted. The Council advised Ms X how she could request additional road markings if she wished.
10. We will not investigate this part of Ms X’s complaint because there is not enough evidence of fault to justify investigating. The Council painted road markings which had faded and therefore there was no requirement to carry out a consultation.
11. Ms X complained the Council had placed a traffic cone which blocked her driveway entrance. In its complaint response, the Council said the cone should have been moved by the contractors carrying out the roadworks. It said it had asked the contractors to be more vigilant as to where cones were placed.
12. We will not investigate this part of Ms X’s complaint because further investigation would not lead to a different outcome. The Council said it would ask its contractors to be more vigilant as to where it placed traffic cones.
13. Ms X also complained the Council’s waste collection staff returned her bins to a location that blocked her driveway. Ms X said the Council had closed her complaint because placing a waste bin in a resident’s preferred location was not a service they provided.
14. 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. While I appreciate Ms X's concerns about the placement of her waste bins, I do not consider the issue complained about caused her a significant personal injustice to warrant an investigation by the Ombudsman. Therefore, we will not investigate this part of the complaint.
15. Ms X complained the Council’s complaint responses were not empathetic. 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

16. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating, further investigation would not lead to a different outcome and any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman