Summary: We cannot investigate Mr B’s complaint that the Council is wasting public money by undertaking highway works in an inefficient manner. This is because the alleged fault affects all or most residents, and Mr B has not suffered a significant personal injustice.

The complaint

1. Mr B says the Council has not provided a satisfactory response to concerns he raised about the Council undertaking highway works in an inefficient manner. Mr B says he witnessed what appeared to be duplicated highway works and two workers sitting idle for several hours using personal mobile phones. Mr B considers the Council is wasting public money.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. 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 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))

5. 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.

Back to top

How I considered this complaint

6. I considered information provided by Mr B.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. We will not investigate Mr B’s complaint.
9. We cannot investigate a complaint that a local authority is wasting public money. This is because the alleged fault affects all council tax payers in a council’s area. This is most residents. We cannot investigate complaints that affect all or most of the people in a council’s area.
10. And, even if this restriction to our powers did not apply, we would still not investigate this complaint. This is because the alleged fault has not caused Mr B a significant personal injustice which would justify public money being spent on an investigation by the Ombudsman.

Back to top

Final decision

11. We cannot investigate this complaint because the alleged fault affects all or most residents, and Mr B has not suffered a significant personal injustice.

Back to top

Investigator's decision on behalf of the Ombudsman