The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating.
The complaint
Mr Y complained the Council has failed to ensure that a developer complete a road surface, leading to damage to vehicles, including his own, when leaving or entering his road.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained to the Council as the developer who owns the road outside his property had failed to complete the road fully, leaving approximately 40 feet of road unfinished. Mr Y sought the Council’s action to ensure the road was fully completed.
The Council responded to Mr Y’s complaint, explaining that the land the road was on belonged to the developer and was unadopted, so it could not act. Mr Y was unhappy with this response and came to us.
Where a road is unadopted, the Council is not under a duty to maintain or repair the road. As the land is privately owned and the road is unadopted, the Council has no power to require the landowner to act to complete the road. Consequently, as it has no duty to enforce completion of the road, or complete the work itself, there is not enough evidence of fault by the Council to justify investigating this complaint. We will not investigate.
Final decision
We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman