Devon County Council (25 002 867)

Category : Transport and highways > Highway repair and maintenance

Decision : Closed after initial enquiries

Decision date : 03 Aug 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s refusal to move a road sign. We cannot determine whether the sign is on the public highway or require the Council to move it. Therefore we consider an investigation will not lead to a worthwhile outcome.

The complaint

  1. Miss X complains the Council’s road sign is on her property boundary. She says it is too close to her home making it impossible to maintain her wall. She also says the sign is in the wrong place as drivers ignore it causing an impact on visibility.
  2. Miss X wants the Council to move the sign.

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The Ombudsman’s role and powers

  1. 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 no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

  1. I considered information provided by Miss X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council told Miss X the sign is on the public highway and it is satisfied it is in the correct place.
  2. We cannot determine whether the sign is on the public highway or on Miss X’s property. Such matters are for the Land Registry or the courts. Also we cannot require the Council to move the sign.

     

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Final decision

  1. We will not investigate Miss X ’s complaint because it would not lead to a worthwhile outcome.
     

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Investigator's decision on behalf of the Ombudsman

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