Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council has failed to investigate his house vibrating after speed cushions were installed. Mr Y says this has led to him being unable to sleep, affecting his mental health and he feels he needs to move house as a result.

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The Ombudsman’s role and powers

2. 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y made a complaint to the Council after it installed speed cushions on the road outside his property, that he was experiencing vibrations and the shaking of his home. The Council has considered the matter and on the basis of a lack of damage to other properties along the road has concluded in its professional opinion that the speed cushions have not caused the issue Mr Y has described. The Council has suggested that he obtains a survey of his property, either privately or through his home insurer. It has said it will not pay for such a survey and will not inspect the property itself.
5. Under the Environmental Protection Act 1990, Council do not owe a duty to investigate noise or vibration from traffic. Its duty, as a highways authority, is to reasonably maintain the highways so it is free of danger to all uses who use the highway in the way normally expected of them. Consequently, the Council is not required to stop Mr Y’s property from vibrating due to traffic. Therefore, there is not enough evidence of fault to justify investigating so we will not investigate
6. If Mr Y believes damage may have been caused to his property, he would need to make a claim for damages to the Council’s insurer. This is not an issue which the Ombudsman can decide as we cannot determine liability or award damages. However, a court can make this type of decision, so it is better placed than us to consider the complaint. We will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman