Summary: We will not investigate this complaint about the processed followed to close a road close to the complainant’s home. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has not suffered enough personal injustice to warrant our involvement. And further investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, says the Council:
• failed to consult or engage with residents and those affected by road closures
• failed to provide enough information to enable informed choices; and
• failed to follow Government guidance

Mr X says he was confused about the access rights to his home and the Council made him feel that he did not matter. He wants the Council to set up consultation with all High Street residents affected by the road closure.

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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
• any injustice is not significant enough to justify our involvement
• further investigation would not lead to a different outcome

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mr X’s complaint because:
• there is not enough evidence of fault in the process followed by the Council before it introduced a Temporary Traffic Regulation Order, followed by an Experimental Traffic Regulation Order
• Mr X confirms the design of the proposal has changed and his road is no longer part of the road closure scheme. Therefore, I do not consider that he has suffered sufficient personal injustice to warrant our involvement; and
• Further investigation of Mr X’s concerns leading up to the point which he made his complaint is unlikely to lead to a further outcome.

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Investigator's decision on behalf of the Ombudsman