Summary: We will not investigate this complaint about the Council’s actions following a report of a potential breach of the Highways Act 1980. This is because any injustice caused is not sufficient to warrant further investigation.

The complaint

1. Mr X complained the Council failed to act on his reports of breaches of section 184 of the Highways Act 1980.
2. He says it has taken him time and trouble to pursue the matter to ensure the safety of the street.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I appreciate Mr X has taken time to gather evidence and contact the Council to tell it of breaches of the Highways Act 1980. Following Mr X’s complaint, the Council acted on the information he has provided. We will not investigate Mr X’s complaint about the Council’s delay in acting because there is insufficient injustice to warrant further investigation.

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Final decision

8. We will not investigate Mr X’s complaint because the injustice is not sufficient to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman