The Ombudsman's final decision
Summary: We will not investigate this complaint about highway repair and maintenance because further investigation would not lead to a different outcome and there is not enough evidence of fault to justify investigating.
The complaint
Mr Y complained the Council failed to carry out maintenance work to repair or replace a manhole cover which had become loose on the road.
Mr y says the noise from the manhole cover was loud and disturbed him and his family in their home. He said the Council had tried to repair the issue but this had failed and he was being caused distress by the issue and lost sleep.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council has investigated the issue and the ownership of the manhole cover, which belongs to a third-party utility company. It has sought to provide temporary repairs to prevent the noise which Mr Y says is causing him a problem and as the owner of the manhole cover has not acted to replace the manhole cover, has now agreed as part of its final response to carry out a permanent repair to the tarmac surrounding the cover.
While Mr Y may not feel satisfied that the permanent repair will work, the Council has, in its professional opinion and expertise, assessed the issue and has a plan to stop the problem. If we were to find fault in the Council’s actions following an investigation, we would be recommending that the Council act to repair the highway as required. As it is currently trying to take this action already, further investigation would not lead to a different outcome.
Further the Council has properly considered the matter, having carried out a site visit and enquiries about the manhole cover and has acted where it has been able to try to enact temporary repairs while it tried to find a more permanent solution. In doing so, the Council has considered its approach and has followed its process. As there is not enough evidence of fault in the way the Council has made its decision on how to act, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because further investigation would not lead to a different outcome and there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman