Summary: We will not investigate this complaint about design and safety flaws, relating to a road traffic scheme the Council is responsible for. There is no significant injustice to X.

The complaint

1. X complained the Council, as a Highways Authority, had not done enough to rectify design and safety flaws, relating to a road traffic scheme. X was concerned the resulting scheme meant there was a greater risk of hazard, to wheelchair users, pedestrians and cyclists. X was also concerned the Council may be found liable and may have to pay compensation, should a person be injured consequently.

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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 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))

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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. X complained to the Council, unhappy with several aspects of what they said were design flaws, relating to a large traffic infrastructure. X said they were concerned the flaws meant road users and pedestrians, were unnecessarily exposed to hazards.
5. We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the Council. To satisfy this threshold we would need to be satisfied a person has suffered serious loss, or harm, or distress directly because of the Council’s actions.
6. Noting X’s concerns about this matter, and the possibility of what may occur in the future, I am not satisfied the alleged fault they cite, has directly caused them a significant injustice. Therefore I will not investigate this complaint.

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Final decision

7. We will not investigate X’s complaint because there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman