London Borough of Merton (24 009 088)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 01 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Council’s delay removing upturned signs from the roadside. This is because Mr B has not suffered a serious or significant injustice which would justify an investigation.
The complaint
- Mr B complains the Council took too long to remove upturned signs which had been left on the grass verge close to his home. Mr B also says the Council told him the signs had been removed when this was not the case. Mr B says the signs were an eyesore and he and his neighbour almost tripped over them.
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 an investigation if we decide:
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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.
How I considered this complaint
- I considered information provided by Mr B including a photograph of the signs which he has complained about.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint.
- The information does not indicate the signs were left on the grass verge for an excessive amount of time.
- Also, any delay by the Council has not caused Mr B a significant or serious injustice which would justify public money being spent on an investigation by the Ombudsman.
Final decision
- We will not investigate Mr B’s complaint because he has not suffered a serious or significant injustice which would justify an investigation.
Investigator's decision on behalf of the Ombudsman