Essex County Council (25 010 369)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 07 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to notify Mr X about the closure of a highway in his area. There is no evidence of fault on the part of the Council. The Council is not the highway authority for the roadworks in question.
The complaint
- Mr X complained about the Council’s closure of a highway in his area without proper notification. He says that neighbours have complained about the roadworks and that the Council has failed to give a proper response.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council closed a nearby highway without giving residents sufficient notice. He says there are ongoing problems with the road works and the Council’s response has been inadequate.
- The Council told him that the highway closure involved a trunk road and that it is not the highway authority for these roads. The responsibility for maintenance and improvement of trunk roads lies with National Highways and not the Council. The Council had no involvement with the closure.
- There is no fault on the Council’s part in this matter because it is not involved in the trunk road improvements. National Highways widely publicised the works on the internet and this included consultation matters. The Council’s own highways website advises the public about which roads it is not responsible for and a link to National Highways. It was reasonable for Mr X to follow this advice before making a complaint.
Final decision
- We will not investigate this complaint about the Council’s failure to notify Mr X about the closure of a highway in his area. There is no evidence of fault on the part of the Council. The Council is not the highway authority for the roadworks in question.
Investigator's decision on behalf of the Ombudsman