Westmorland and Furness Council (25 020 822)
Category : Transport and highways > Highway adoption
Decision : Closed after initial enquiries
Decision date : 23 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to not install a pedestrian crossing outside of a school. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman.
The complaint
- Mrs Y complained about road safety outside a local school. She said she is concerned about the safety of her children, children attending the school and drivers. She wants the Council to install a crossing for pedestrians.
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, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
I considered this complaint
- I considered information provided by Mrs Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs Y contacted the Council about concerns on the road outside a local school. She said it should install a pedestrian crossing. The school is rurally located, with a limited stretch of pavement outside and no pavement on the opposite road.
- The Council explained that due to physical and legal constraints on the road, it could not safely install a crossing on the road. The Council explained that it implemented a 20MPH speed limit outside the school, as well as placing school signs to warn drivers to improve road safety. The Council said it maintains dialogue with the school and will continue to explore alternative measures that may enhance safety.
- The Council considered Mrs Y’s complaint, completed an assessment and clearly explained its reasons for being unable to install a pedestrian crossing. We are unlikely to find fault in the Council’s actions, and we are unable to achieve the outcome Mrs Y wants. Therefore, we will not investigate this complaint.
Investigator's decision on behalf of the Ombudsman