Summary: The Ombudsman will not investigate this complaint about vibrations from a road which the complainant says are damaging his home. This is because there is insufficient evidence of fault by the Council and because there is action the complainant can take to deal with the problem.

The complaint

1. The complainant, whom I refer to as Mr X, says that traffic using the road outside his home causes vibrations which are damaging his home. He wants the Council to arrange an independent structural survey. He also wants the Ombudsman to take meter readings from the road.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

4. Mr X contacted the Council in 2011 to report that traffic using the road outside his home was causing vibrations which were damaging his home. The Council installed a vibration meter. The meter showed maximum vibrations of 1.08 mm/s. The Council told Mr X that independent research had established that severe damage was not caused by a value of less than 10 mm/s and fatigue cracking was not caused by values of less than 3 mm/s. The Council explained that the road is regularly inspected and no defects had been found. It suggested the spikes in the readings might be caused by a height difference between two utility reinstatements. The Council did not accept the road was causing the damage but, to try to help, it resurfaced part of the road to smooth out the area with uneven reinstatements. Mr X says this helped but that the vibrations have now become a tremor.
5. Mr X contacted the Council again in 2019 to report the same problems. The Council reiterated the meter readings from 2011 and said that the road had just been inspected and there were no defects. It also inspected the road in early 2020 and found no problems. The Council repeated that there was no evidence the road was causing the damage. It suggested Mr X arrange an independent structural survey to identify the cause of the damage. The Council said Mr X’s insurer might help with this.
6. Mr X remains of the view that the road is responsible for the damage to his home and he wants the Council to arrange an independent survey. He also wants the Ombudsman to take meter readings.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council and because it is unlikely I could add to the Council’s response. The Council responded appropriately by checking the road, taking meter readings and doing some work even though it did not think the road was the cause of the damage. There is nothing more I would have expected the Council to do. And, as the readings were significantly below the level at which damage may be caused, I would not expect the Council to have repeated the tests.
8. Mr X, as a home owner, is responsible for his home. It was therefore appropriate for the Council to suggest that he arrange his own structural survey. And, it correctly said that this is something Mr X might be able to arrange through his insurance. As there is no evidence to support Mr X’s allegation that the road is responsible for the problems then there is no reason for the Council to arrange a survey.
9. If Mr X arranged a survey, and the survey stated the road was responsible for the vibration or damage, then he could present these findings to the Council and ask it to consider taking action in the light of the new findings.
10. The Ombudsman does not carry out structural surveys, take meter readings, or determine the cause of damage to a property.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council and Mr X can arrange his own survey.

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Investigator's decision on behalf of the Ombudsman