Summary: We will not investigate this complaint about road markings and signposts at a specific road junction. This is because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Mr X complains a specific road junction does not have adequate road markings and signposts. Mr X says drivers do not use the correct lane which caused him to have an accident.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating

(Local Government Act 1974, section 24A(6))

3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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My assessment

7. Mr X complains a specific motorway junction does not have adequate road markings and signposts and needs improvement. He says his car was written off and he suffered personal injury because a driver was in the wrong lane.
8. The Council explained the improvements to the highway Mr X suggests would be a significant highway improvement scheme which would need substantial funding and joint working with National Highways.
9. The Council explained why it cannot make the improvements to the junction as Mr X suggests. There is insufficient evidence of fault by the Council to warrant an investigation.

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Final decision

10. We should not investigate this complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman