Summary: We will not investigate Mr X’s complaint about the costs of a vehicle cross over, which the Council installed. This is because we are unlikely to find fault. Nor will we investigate Mr X’s concerns about the quality of resurfacing work on the footpath outside his home. This is because there is no injustice to Mr X and in any case we cannot achieve the outcome he is seeking.

The complaint

1. Mr X said he was unhappy because the Council charged him a fee to install a vehicle cross over and he believed this was too expensive. He also said the quality of resurfacing work the Council carried out was a poor standard.
2. Mr X now wants the Council to resurface the footpath to a higher standard.

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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 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
• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X asked the Council to install a vehicle cross over and paid it the advertised fee at the time. Mr X said work was arranged and completed because at the same time the footpath was being resurfaced. Mr X then said he was unhappy when the work was completed, because he believed he had been overcharged and the quality of the finish on the footpath was poor.
7. We will not investigate Mr X’s complaint about how much he was charged, because it is unlikely we would find fault. The Council advertised a fee and Mr X agreed and asked for the work to be completed. Nor will we investigate his complaint about the poor surface work, because there is no evidence this has caused Mr X an injustice. In any case on this point, we could not direct the Council to carry out resurfacing work.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely we would find fault and there is no evidence of injustice.

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Investigator's decision on behalf of the Ombudsman