Summary: We will not investigate this complaint about the Council’s decision not to carry out Mrs X’s service request, relating to road markings. Any injustice the Council’s actions has caused her, is not a significant personal injustice and we cannot achieve the outcome she is looking for.

The complaint

1. Mrs X was concerned the road marking outside her driveway was faded and not a sufficient deterrent, to prevent other motor vehicles blocking her access. She was unhappy the Council initially agreed to carry out improvement work and then subsequently declined. She said the Council’s actions caused her avoidable distress.

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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 or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement; or
• we cannot achieve the outcome someone wants.

(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 the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X contacted the Council in late 2024, about the line marking on the road outside her drive access. The officer who inspected the marking agreed it had faded and said they would arrange for it to be painted.
5. After several months Mrs X followed this up and the Council initially explained the work would be delayed, and then subsequently told her it decided there was no need to carry out the work after all because it said the line was in good order.
6. Mrs X complained about this, and the Council apologised for its earlier commitment by an officer, that the work would be carried out. It also explained why this had occurred.
7. We will not investigate Mrs X’s complaint. I understand she will be concerned about access and the Council acknowledged it unnecessarily raised her expectations; however, any remaining injustice is not at a sufficiently serious level that would warrant an investigation into the fault she complained about.
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. In any case, Mrs X wants the Council to repaint her markings. We could not direct the Council to carry out this work and so cannot achieve the outcome she is looking for.

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Final decision

10. We will not investigate Mrs X’s complaint because there is no significant personal injustice, and we cannot achieve the outcome she is looking for.

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Investigator's decision on behalf of the Ombudsman