Summary: We will not investigate Mr X’s complaint about the Council’s works on his vehicle crossover and the Council’s tree causing further damage to his property and surrounding area. This is because there is another body better placed to consider his concerns and the outcome he wants.

The complaint

1. Mr X complained about the Council’s works it completed for his vehicle crossover. He said shortly after the Council completed the crossover, the surface started to appear damaged. Mr X also complained the Council planted a tree outside his driveway which has caused further damage to the surface as well as to the public footway. He said the Council poorly managed his complaint. Mr X said the matter caused him distress and frustration. Mr X wants an apology. In addition, he wants the Council to carry out repair works or to provide him with a refund for the vehicle crossover. He also wants the Council to appropriately manage the tree.

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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 another body better placed to consider this complaint, 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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint. This is because we cannot establish whether the Council is liable for any damage occurred to the vehicle crossover and to the footway. Such matters can only be determined by insurers or the courts. It would be reasonable for Mr X to direct his concern to the Council’s insurers or to the courts. We would therefore not be able to achieve the outcome he wants.
6. As we are not investigating the substantive issue, we will not consider how the Council managed Mr X’s complaint. This is because it would not be a good use of public money to do so.

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Final decision

7. We will not investigate Mr X’s complaint because there is another body better placed to consider his concerns and the outcome he wants.

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Investigator's decision on behalf of the Ombudsman