Summary: We cannot investigate this complaint about a road defect caused by a displaced manhole cover. This is because the manhole cover is not owned by the Council, and the law does not allow us to consider complaints about matters where the Council has no responsibility.

The complaint

1. X complains the Council has not done enough to resolve a complaint about a displaced manhole cover, owned by a telecommunications provider. X says because it has been displaced, she is affected by disruption caused by traffic passing over it. X wants the Council to relocate the manhole cover.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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Final decision

4. We cannot investigate X’s complaint because the Council has clarified it does not own the manhole cover and the law only allows us to investigate complaints where the Council has a responsibility.

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Investigator's decision on behalf of the Ombudsman