The Ombudsman's final decision
Summary: We will not investigate this complaint about mud splatters on Mrs X’s vehicle she says were caused by Council contractors. This is because an investigation would be unlikely to lead to a different outcome.
The complaint
Mrs X complained Council contractors caused mud splatters to land on her vehicle whilst mowing a lawn near where she lives.
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 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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council after some contractors working on behalf of the council left mud splatters on her vehicle when mowing a lawn near her home. She sent pictures of the mud and explained that she had to pay £8 to have the car cleaned.
The Council told Mrs X after speaking with the contractors it did not believe they were responsible for the mud, but it had reminded the contractors to take care when working in public spaces.
Mrs X wants us to find the Council at fault. The Ombudsman will not investigate matters where Council has already provided a satisfactory outcome, or the complainant has not sustained a significant personal injustice. The evidence shows the Council investigated Mrs X’s complaint and reminded its staff to be mindful of others when working in public spaces. These were reasonable and proportionate actions for the Council to take. In addition, there is no evidence this matter has caused Mrs X a significant personal injustice. An investigation would therefore be unlikely to provide her with a different outcome.
Final decision
We will not investigate Mrs X’s complaint because an investigation would be unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman