Summary: We will not investigate this complaint about the volume and nature of traffic using Mr X’s road. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. Mr X complains about the high volume of heavy traffic using his road and the impact this is having on his property. He says the road surface requires attention and that no-one from the Council has visited him or provided an explanation.

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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 not enough evidence of fault to justify investigating. (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 the complainant, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about heavy traffic using his road due to a diversion on the network which is causing noise and vibrations within his property. He said the road profile needs to be formatted to address the problems.
6. The Council carried out a site visit but decided the road was not in a state so that its intervention level for repair was met. It said it would continue to monitor the location and make repairs when it met the required intervention level. It suggested to Mr X that he contact his insurance company with regard to any damage to his property. It noted that Mr X’s road was not a signed diversion route but that some drivers may be using it as such.
7. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if it has followed the right steps and considered the relevant evidence and information. The Council undertook a site visit and while it noted there is a change in the road profile by Mr X’s property, it said this did not mean the surface was defective and required repair. This is disappointing for Mr X but it is a decision the Council is entitled to make and there is no evidence to suggest fault affected it.
8. If Mr X believes fault by the Council has caused damage to his property, it is open to him to make a claim against its insurers and if his claim fails, to take the Council to court. As Mr X has this alternative remedy which we would reasonably expect him to use, we will not investigate this matter.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman