City of York Council (23 017 432)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 27 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about signage because there is not enough evidence of fault to justify investigating.
The complaint
- Mr Y complained the Council has failed to correctly display parking restrictions in his area. This caused Mr Y to believe signs were fake and he parked believing there were no restrictions. He is also unhappy with how the Council responded to his complaint which he believes was unprofessional and caused him upset.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y says the signage he has complained about is defective as the font and display are incorrect. The Council has considered the complaint but said that the signage is correct. I have considered the guidance for traffic signage, which includes both a description and examples of the signage for this type of restriction. The signage appears to comply with the requirements set out in the guidance. Consequently, there is not enough evidence of fault to justify investigating.
- As we are not investigating the substantive matter, it is not a good use of resources to investigate how the Council dealt with Mr Y’s complaint. We will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman