Summary: We will not investigate this complaint about failure to keep the complainant informed of the progress of an investigation into his reports of obstacles on the highway. There is not enough injustice caused by a failure to keep Mr X updated. And as the Council is following up the obstacle issue, further investigation is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council failed to respond to his reports of encroachment on the highway close to his home.
2. He says access to his home is restricted because of obstacles placed on the highway. He wants the matter investigated and him to be informed of the progress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has apologised for failing to tell Mr X of the action taken following his reports. It has also confirmed it has visited the site and advised the person concerned to remove the obstacles from the highway. As this has not happened, it will consider what action if any can be taken and advise Mr X accordingly.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough injustice caused by a failure to keep Mr X updated. And as the Council is following the obstacle issue further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman