Summary: We will not investigate this complaint about delay completing a repair to a footpath. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Ms X complains about a delay carrying out repairs to a footpath near her home. She says the footpath closure and temporary roadworks were putting pedestrians and motorists at risk. She wants the Council to repair the footpath without further delay.

Back to top

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.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In response to Ms X’s contact, the Council raised a service request and forwarded her concerns about the impact of the delay and temporary road works to its highways engineer for consideration. It provided her with a reference number to track the progress of the works.
6. We will not investigate this complaint. This was Ms X’s first contact about the matter, so there is insufficient evidence of fault in the decision to consider it as a service request rather than a complaint.
7. It is for the Council to prioritise required highway repairs and maintenance works in line with assessed risk and availability of its resources. The job had already been raised and the Council appropriately alerted its highways engineer of Ms X’s concerns about the impact of the temporary roadworks, so these could be considered as part of scheduling decision making. There is insufficient evidence of fault in the Council's actions to warrant an investigation.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman