Summary: We will not investigate this complaint about the Council’s oversight of third party roadworks because any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council failed to properly oversee roadworks carried out by a third party developer causing stress and uncertainty around safety and loss of confidence in the Council. He says it also handled his complaints poorly.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
3. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the aggressive behaviour of a third party contractor and Council staff. He also complained about works starting before 8am, mud left on the road and he was concerned about the safety of upcoming road closures.
7. Mr X says the Council failed to properly oversee road works, instead deflecting responsibility between the developer, contractors, and its own departments. He says this lack of accountability led to poor coordination, inadequate communication, and no meaningful response to safety concerns.
8. Mr X explains as a direct result of the Council's handling of this matter, he has experienced ongoing stress, frustration, and a significant loss of confidence in the Council's ability to ensure basic safety and accountability.
9. While I recognise Mr X has suffered frustration, distress and lost his peace of mind, this is not significant enough injustice to justify an investigation.
10. The Council confirmed it would investigate the report of aggressive conduct by its own staff and take action as needed. I cannot investigate the Council’s handling of this matter as personnel issues are outside our jurisdiction.
11. It is not proportionate to investigate the Council’s complaint handling when we are not investigating the substantive issues.

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Final decision

12. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman