Summary: We will not investigate this complaint about the Council’s management of road works. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not properly manage road works. He said the road works blocked access to his business and there was no clear signage displayed. He said when he tried to gain access it resulted in a confrontation with a contractor. He said a contractor filmed his number plate which may have been a breach of data protection law.
2. He said it caused him anxiety and distress. He wants the Council to apologise, provide financial compensation and explain why a contractor filmed his car.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended.)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the Council did not manage roadworks properly and it led to an altercation with a contractor. In its response, the Council said based on the information available if could not verify the behaviour of the operative.
8. It explained the operatives instructions are to ensure health and safety at all times and there had been instances of drivers who ignored or moved cones which may have prompted the reaction. The Council did not comment on the signage in place at the time of the road works.
9. We will not investigate this complaint. The Council investigated the complaint with the contractor management and concluded from the evidence available that the incident was unfortunate, but the role of the operatives is to keep the public safe. Further investigation by the Ombudsman would not lead to a different outcome.
10. If Mr X remains unhappy with how the Council handled his data in relation to the video recording, that would be a matter for the ICO.
11. The Council significantly delayed responding to Mr X’s complaint. However, 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.

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Final decision

12. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman