Summary: We will not investigate this complaint about the Council’s failure to fully address Mr X’s complaint and failure to follow the complaint procedure. We do not consider Mr X has suffered a significant personal injustice which warrants an investigation.

The complaint

1. Mr X complains the Council failed to fully address his complaint about items placed on highway verges. He also complains the Council failed to treat his telephone call as a complaint and failed to return his telephone calls.

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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.

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

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My assessment

5. Mr X made several reports of objects placed on grass verges on the road where he lives.
6. In response to Mr X’s complaint, the Council advised approval is required to place objects on the highway. It also advised that following his reports officers have visited the site multiple times. Sometimes the objects have been removed. When objects such as cones, notices and wooden pegs are on the verge it has had them removed.
7. The Council also confirmed it has written to the residents responsible for placing the notices and cones on the verge advising they are not permitted.
8. I understand Mr X remains dissatisfied with the Council’s response. However, I do not consider he has suffered a significant personal injustice which warrants an investigation.
9. Mr X also complains the Council failed to return his telephone calls or follow the complaints procedure correctly. We expect councils to follow their complaints procedures. However, it is not a good use of public funds to investigate complaints about the complaint process when we are not considering the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice which warrants an investigation.

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Investigator's decision on behalf of the Ombudsman