Summary: The Ombudsman will not investigate Mrs B’s complaint about the problem of large vehicles coming dangerously close to her property. This is because it is very unlikely we could now establish what happened before 2019 and there is no evidence of fault in the way the Council reached its decision not to install a bollard.

The complaint

1. The complainant, whom I shall call Mrs B, complained that, for several years, the Council failed to take action to address the problem of large vehicles coming dangerously close to her property. Mrs B told us any large vehicle going around the corner of her house causes her stress and anxiety and she has had to pay for the repair of the wall to her property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I have considered the information Mrs B provided, her complaint to the Council, the Council’s response and Mrs B’s comments on my draft decision.

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What I found

7. Mrs B told us, since she first raised the problem in 2014, the Council has referred her to several different service departments. She has contacted her district council and the police. She obtained support from her town council to proposed measures to improve road safety. Mrs B says she sent all the relevant paperwork to the Council for approval but, after all her hard work, it was "lost" somewhere. She questions why the Council told her to do the paperwork if it had no intention of agreeing to her proposal. It was, however, important that the Council reached a properly informed decision.
8. Mrs B contacted the Council again in January 2020 after paying for the repair of the wall to her property. In its response to her complaint, the Council explained how to pursue a request for parking restrictions but Mrs B had already looked into this. In any case, she said in her complaint letter she did not think parking restrictions would be an effective solution. She asked the Council for help or advice because she said she did not want someone ploughing into the corner of her house or garden.
9. Mrs B has complained to us in time about the Council’s response to her January 2020 request for help. But we cannot investigate her complaint about what happened before January 2019 unless there are good reasons. Mrs B says the reason this complaint became late is because of the Council’s disinterest. Mrs B says loss of paperwork is a matter of concern. But, in this case, it is very unlikely we could now establish what may have happened to Mrs B’s paperwork and her requests for help before 2019. It is not possible to say the outcome would have been different for her had the Council found her paperwork.
10. The current situation is a source of significant anxiety for Mrs B. The Council has a legal responsibility for maintenance of the public highway. But it is the responsibility of vehicle drivers to take care on the roads as they find them. Any damage to PA’s property would be a matter between her and the person causing the problem. The Council does not have a duty to protect private property from irresponsible drivers.
11. The Council has considered whether to install a bollard. Mrs B says the Council failed to looked into the situation well enough to come to its decision. As the highway authority it is for the Council to decide what may be placed in the highway. It has explained to Mrs B why it does not consider a bollard would be appropriate. It said it needed to maintain passage for pedestrians, pushchairs, mobility scooters and wheelchairs and there would be an ongoing maintenance responsibility. There was no obligation on the Council to agree to the measure Mrs B had requested. There is no evidence of fault in the way the Council reached its decision not to install a bollard. Mrs B’s suggestion for a change in refuse collection practice is a matter for the District Council.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because it is very unlikely we could now establish what happened before 2019 and there is no evidence of fault in the way the Council reached its decision not to install a bollard.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman