Summary: We will not investigate this complaint about work carried out for a dropped kerb at Mr X’s property and work on his private driveway. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about sub-standard work by builders who installed a dropped kerb at his property and carried out work to his driveway. He says the builders were Council approved and it should take responsibility to ensure the work is completed to a satisfactory standard.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or continue 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))

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How I considered this complaint

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

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My assessment

6. Mr X received permission from the Council to install a dropped kerb at his property. He picked an approved contractor from the Council’s list and asked them to also do work to his driveway.
7. Unhappy with the standard of the work, Mr X complained to the Council. It told him it was only concerned with the work done to the footpath because it was responsible for it and that the work to Mr X’s driveway was a private matter between him and the builders.
8. The Council has said that while its inspections of the work for the dropped kerb did not find any major defects, it agreed to ask the builders to resurface the footpath to remove the minor issue of fretting that had occurred at the surface. It said it would not normally have done this but did so because Mr X had continued to complain and it sought to resolve matters.
9. The builders attended to do the work but due to a disagreement with Mr X they did not complete it. The Council has said the builders will be returning at the end of the month with instructions to complete the resurfacing of the footpath.
10. We do not investigate every complaint we receive and we will not investigate where we are unlikely to find evidence of fault by the Council. The Council inspected the work and has sought repairs to the highway surface which will be carried out soon.
11. Mr X may not be satisfied with the work completed but the work to the driveway is a separate private matter between him and the builders and the Council has confirmed the footpath will be resurfaced. It does not consider further repairs are necessary. This is a decision the Council is entitled to make and we cannot review the merits of it. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman