Summary: We will not investigate Miss B’s complaint about the conduct of a roadworks security guard. This is because Miss B has not suffered a significant injustice which would justify an investigation by the Ombudsman.

The complaint

1. The complainant, who I will refer to as Miss B, complains about the Council’s handling of highway maintenance works close to her home. Miss B says she was travelling home by taxi when a security guard wrongly refused her access to a road which should not have been closed to residents. This meant she had to make a significant detour to get home. Miss B also says the security guard was rude and intimidating, and wrongly accused her of shouting at him. Miss B would like the Council to apologise for what happened.

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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 an investigation if we decide any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Miss B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says it contacted the site team who confirmed that access to the roads Miss B wanted to enter was not restricted during these maintenance works. The Council added the site team had no recollection of denying anyone access. The Council did not uphold Miss B’s complaint.
6. We have been provided with conflicting accounts of what happened. From the information available, I cannot say it is more likely than not the Council was at fault.
7. I have considered whether to start an investigation into what happened. But, I find an investigation is not justified.
8. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
9. Miss B was caused some distress and inconvenience by this incident. But, I find she has not suffered a serious or significant injustice which would justify public money being spent on an investigation by the Ombudsman.

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Final decision

10. We will not investigate Miss B’s complaint because she has not suffered a significant injustice which would justify an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman