Summary: We will not investigate this complaint about lorries driving on a pavement because there is another body placed to consider the complaint and there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complains the Council has failed to prevent lorry drivers from mounting the pavement when driving down the road he lives on which Mr Y says is causing an obstruction and putting people, especially those who are disabled, at risk of being hit. Mr Y is also unhappy with the Council’s complaint handling.
2. Mr Y says he feels unsafe using the street he lives on and has had to move off the path to allow lorries through to avoid being hit by a vehicle and has seen others visibly alarmed by such driving.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

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

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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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How I considered this complaint

6. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y has complained to the Council that lorries and other similar Heavy Goods Vehicles (HGVs) have been driving along the pavement to get down the narrow street he lives on. It is an offence to drive along the pavement under the Highway Code. It can result in a fine of up to £1,000 and penalty points on a driver’s license. As it can result in such penalties, the issue of lorries driving along the pavement outside Mr Y’s flat is a matter better considered by the Police. Mr Y may wish to provide the photographs he has provided to us and to the Council to the Police. It will then be a matter for the Police to consider what action may be appropriate to take.
8. Mr Y is also unhappy that the Council has not acted to stop lorries from mounting the pavement. The Council has considered the issue in response to Mr Y’s complaint and has agreed to put up signage to warn drivers that the road is not suitable for HGVs. It has also said it will consider placing bollards on the pavement to prevent HGVs mounting the kerb or restricting the road, so it is used for access only, but needs to consider factors such as the narrow width of the existing pavement before this is decided.
9. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case, the Council has considered the issue and explained how it has decided to deal with the matter and how it will consider the matter further. As it has considered relevant factors about how it will continue to address the issue, and shorter terms measures it can take, there is not enough evidence of fault in the way it has decided on a course of action in this case. We will not investigate.

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Final decision

10. We will not investigate Mr Y’s complaint because there is another body placed to consider the complaint and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman