Summary: We will not investigate Mr X’s complaint about unsafe street furniture in a public space. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to remove unsafe street furniture from its public spaces following an incident. He says this has caused distress and puts the public at risk. He wants the Council to refer the matter to the Health and Safety Executive (HSE) and remove the street furniture.

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The Ombudsman’s role and powers

2. 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council following an incident in a Council- managed public space. He said an element of street furniture installed by the Council was dangerous and had caused personal injury. He asked the Council to investigate and remove the street furniture.
7. In its complaint responses, the Council said it had received no other reports of incidents or injuries related to the street furniture since it was installed several years previously. It said although it was sorry to hear about the incident, it did not consider it needed to take any further action and did not propose to remove the street furniture from the public space.
8. It told Mr X that if he wished to make a personal injury claim, he could do so through the Council’s legal team.
9. We will not investigate this complaint. The Council has appropriately considered that matter but decided not to take further action. This is a decision the Council is entitled to reach. There is insufficient evidence of fault to warrant an investigation. We could not require it to remove the street furniture or refer the matter to HSE.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman