Summary: We will not investigate this complaint about consultation on highway work the Council intends to carry out. The Council has not yet decided the details of the work and will take account of views it has received. There is nothing to suggest the Council has prevented the complainant, or others, expressing such a view.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council did not provide sufficient opportunity for people to respond to proposals for highway works. Mr B is concerned about the effect the works would have on the local environment.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mr B said in his complaint. The Council also provided background information including its response to Mr B’s concerns. I have seen details of relevant Council meetings on its website.

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What I found

6. The Council responded to Mr B’s concerns at Stage 1 of its complaints procedure. Subsequently, the same concerns were raised at a meeting of the Council’s Cabinet and were addressed by the relevant portfolio holder.
7. It is clear the Council has been discussing financial arrangements to enable necessary highway work to take place within its 2021/22 budget. However, the Council has been clear the details of that work will be subject to new surveys and consideration of any environmental impact. It is also clear the Council is aware of Mr B’s concerns and those of others and there is nothing to suggest anyone has been prevented from expressing a view.

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Final decision

8. I have decided we will not investigate this complaint. This is because the details of any work is currently unknown so we are unlikely to find fault by the Council has caused Mr B injustice that would justify our involvement.

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Investigator's decision on behalf of the Ombudsman