The Ombudsman's final decision
Summary: We will not investigate this complaint about noise and vibrations caused by alleged defects in the highway.
The Ombudsman has not found fault with how the Council decided not to resurface the road. We cannot question if a council’s decision is right or wrong if there was no fault in the way the decision was reached.
The complaint
The complainant, I shall call Mr X, complains the Council refuses to resurface a nearby road. He says the noise and vibration caused by the defective road surface are causing him loss of sleep, mental and physical health issues
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says Council has failed to deal with vibrations he believes are caused by a defect in the highway about fifty metres from his home. He says the noise and vibrations caused by the defect disturbs his sleep and are causing him health issues.
The Council confirms it has inspected the site. It says the defect does not meet the requirements for intervention proscribed by its Highways Infrastructure Asset Management Plan.
The Ombudsman is not an appeal body, and we cannot question if a council’s decision is right or wrong if there was no fault in the way the decision was reached. The Council assessed the stretch of road Mr X complains about and decided it does not meet the requirements set out in its Highways Infrastructure Asset Management Plan. This is a decision the Council was entitled to make. I have not seen any evidence of fault in how this decision was reached and so I cannot question its merits
Final decision
We will not investigate Mr X’s complaint because we have not found fault with how the Council made its decision not to resurface the road. We cannot question if a council’s decision is right or wrong if there was no fault in the way the decision was reached.
Investigator's decision on behalf of the Ombudsman