Summary: We will not investigate this complaint about the Council’s closure of a road and the effect on the complainant’s business. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council closing road junction near his business for a year. This has resulted in a substantial loss of trade. He wants the Council to compensate him for his loss and to complete the work quickly.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome (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.

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My assessment

5. Mr X says the Council’s contractors have taken a year to carry out junction safety works and that this is not due to be completed until May 2013. His business has suffered from loss of trade due to the diversion of traffic. He complained to the Council and it advised him that the works were complex and had been subject to some delays due to shortages of materials caused by national issues.
6. Highway authorities may introduce temporary road closures for a period of 18 months and longer subject to the approval of the Secretary of State. There is no duty to compensate businesses and others affected by the closure once a diversion is put in place.
7. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process. In this case the Council has informed Mr X correctly about the position on compensation.

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Final decision

8. We will not investigate We will not investigate this complaint about the Council’s closure of a road and the effect on the complainant’s business. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman