The Ombudsman's final decision
Summary: We will not investigate this complaint about repair work the Council carried out to the pavement at the back of Ms X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
The complainant, who I refer to as Ms X, says the Council did a poor repair job to the pavement at the back of her house where paving stones were replaced with tarmac. She says the repair is unsightly, has led to the business next to her home using the pavement area for parking and that she has struggled to take her bins out passed parked vehicles for emptying.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council, including its response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
In responding to Ms X’s concerns about the matter the Council acknowledged the work undertaken was not consistent with the area but said that it had been done as an interim order to address safety concerns caused by uneven flag stones and a rat infestation. It confirmed an order had been raised to repaint double yellow lines in the lane to stop parking.
It further explained that it recognised a more comprehensive repair was required which would be done as part of a wider improvement programme. However, it was unable to confirm when this work would be carried out.
While the Council’s response may not have been what Ms X was hoping for, it is not our role to act as a point of appeal. The Council has considered the matter and decided it will carry out further work when finances allow. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. It is up to the Council to determine the priority of works and there is no evidence to suggest fault affected the Council’s decisions here.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman