Summary: We will not investigate this complaint about repairs to a pavement. We have used the general discretion the law gives us to decide not to investigate this complaint because neither the alleged fault nor the claimed injustice merit investigation.

The complaint

1. Mr X complained about the Council’s failure to resurface all the pavements in a nearby street. He says the section it did replace does not meet the standards for footway repairs.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

My Assessment

5. Mr X complained about the Council’s failure to replace all the pavements in a nearby street. He says the remaining pavement has defects which could be a trip hazard to pedestrians. He also says the replaced section of pavement does not meet quality standards and should be relaid because it may also be a hazard.
6. The Council is the highway authority and it considers that there are no hazards which meet the intervention level which triggers repairs. It is also satisfied that the pavements as finished are satisfactory.
7. Whilst Mr X may disagree with the standard of the pavement in the area, there is insufficient evidence of any personal injustice to him.

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Final decision

8. We have used the general discretion the law gives us to decide not to investigate this complaint because neither the alleged fault nor the claimed injustice merit investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman