The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about disruption caused by roadworks near his home. This is because the Council complained about is not responsible for the issues he has raised.
The complaint
Mr B complains about the Council’s roadworks near his home. He says the roadworks have caused noise and dust nuisance, issues accessing his property, and traffic delays. He would like compensation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended)
How I considered this complaint
I considered information provided by the complainant, including the Council’s complaint response.
I considered the Ombudsman’s Assessment Code.
My assessment
The roadworks Mr B has complained about are taking place under a legal agreement with the highways authority and a third-party construction company. The Council has approved the works from a planning perspective, but the highways authority holds responsibility for authorising the works. So the highways authority is responsible for them.
In this case, Mr B has complained about a council which is not the local highways authority. It is therefore not responsible for the highway works Mr B complains about.
If Mr B is unhappy with the effect of the works he would need to raise a new complaint with the highways authority. Once it has investigated the complaint and provided him with a final response, he may then refer the matter to us to consider.
If Mr B is concerned about the dust and noise nuisance, he may raise the matter with the Council to investigate as a possible statutory nuisance. If he is not happy with its response, he may then raise a new complaint about this. He can then refer the matter to us to consider once the Council has finished its investigation and provided him with a final response.
Final decision
We will not investigate Mr B’s complaint because the Council complained about is not responsible for the issues he has raised.
Investigator's decision on behalf of the Ombudsman