Summary: We will not investigate Mrs X’s complaint about the Councils maintenance of cycle lanes, its approach to roadwork disruption and use of temporary road signs. There is not enough evidence of injustice to warrant further investigation.

The complaint

1. Mrs X complains the Council have failed to properly maintain cycle lanes or properly managed green spaces. She also complains about its handling of roadworks and use of temporary road signs. Mrs X says this has prevented her from being able to cycle to work, causing her added expense and inconvenience.

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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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X said the Council have failed to maintain cycle paths properly and instead of maintaining cycle paths, the Council have put in new cycle paths that are not suitable.
6. The Council explained to Mrs X maintaining existing cycle paths and creating new cycle paths come from different budgets. The Council explained how it maintained the cycle paths and confirmed the overhanging vegetation identified by Mrs X has been removed. There is not enough continuing injustice to warrant further investigation.
7. Mrs X complained about the Councils use of temporary road signs, causing obstacles within cycle lanes and pathways. The Council explained the temporary signs were being used while the speed limit was being changed, as installing permanent signs for a temporary arrangement would not have been a cost-effective use of public funds. The Council have since removed the temporary signs and placed permanent ones in place as needed. There is not enough remaining injustice to warrant further investigation.
8. Mrs X complained the Council have not given good enough reasons for roadwork disruption. The Council use a street works permit scheme and give updates for major schemes on their website. We would not investigate the Council’s roadworks decisions without evidence of administrative fault causing significant injustice, and I have not seen enough evidence of that here.
9. Mrs X complained the Council are not managing green spaces properly, she feels that trees have been removed unnecessarily, and other areas are not being maintained properly. The Council have a policy it follows for managing green spaces. We would not investigate the Council’s decisions on how it manages green spaces without evidence of administrative fault causing significant injustice. I have not seen enough evidence of that here.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough injustice to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman