Summary: We will not investigate Mrs X’s complaint about a roadwork permit. There is insufficient evidence of fault in the way the Council made its decision.

The complaint

1. Mrs X complains the Council did not authorise a roadwork permit. She says it relied on incorrect information when making the decision.

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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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X applied for a roadworks permit so utilities could be installed for a new property development.
6. The Council denied the permit because another roadworks permit was active in the area.
7. Mrs X complains the Council did not issue the permit. She says the other works move and were not close to the location she requested a permit for at the time. She also said the other works may be finished sooner.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision.
9. I have considered how the Council decided the application. There is insufficient evidence of fault in how the Council made the decision and I therefore cannot question whether that decision was right or wrong. It would be reasonable for Mrs X to reapply for the permit when the other works have finished.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman