Summary: Mr X complained about disturbance from highway works on two successive evenings in 2020. We should not investigate this complaint. This is because there is insufficient evidence of any significant injustice caused by any fault of the Council.

The complaint

1. Mr X lives near a site where highway improvements were planned by the Council. He says there was insufficient warning of lights and noise caused by the works over two evenings after 10pm. He says he suffered disturbance from the works and the Council should pay him £250 compensation.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X says the Council carried out work to instal a cycleway near his home and he was subject to disturbance from lights and workmen after 10pm for two evenings. He says the Council’s information letter to residents stated that work would not continue after 10pm.
5. The Council says that the works had to be carried out at short notice as a result of a government initiative. Its letter to residents said that the ‘noisier’ activity would end before 10pm but this did not mean that other works would cease. Mr X complained about the lights associated with the later painting of signs on the highway. It did not consider that these works took a long time or that they caused excessive disturbance.
6. We are obliged by law to consider not only any fault which a complainant has alleged, but also the injustice caused to them as a direct consequence of that failure. In this case there was insufficient injustice caused to Mr X by the works which would warrant an investigation or a recommended remedy.

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Final decision

7. We should not investigate this complaint. This is because there is insufficient evidence of any significant injustice caused by any fault of the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman