Shropshire Council (23 017 185)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 13 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about repairs for an unadopted road. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Ms X, wants the Council to repair a road.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
- Ms X wants the Council to do repairs to a road near her home. The Council has no duty to repair or maintain the road because it is unadopted. It is usually the responsibility of the owners who live along an unadopted road to maintain it.
- Although the road is unadopted the Council did some repair work in 2021. The Council has agreed to do further work in the next financial year (2024/25).
- Ms X is unhappy with the Council’s response.
- I will not start an investigation because there is insufficient evidence of fault by the Council. The Council is not responsible for the road and has no duty to maintain it or do repairs. Despite this, the Council arranged repairs in 2021 and will carry out more work in the next financial year. I appreciate Ms X may want the Council to do more but, as any action it takes is more than it is required to do, there is no suggestion of fault and no reason to start an investigation.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman