Summary: The Ombudsman will not investigate this complaint that the Council will not allocate funds to remove a traffic island. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not remove a traffic island from the road outside his home despite accepting it is no longer necessary. Mr B, who is disabled, says the Council in is in breach of its duties under the Equality Act 2010 by not removing the traffic island.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
• it is unlikely we would find fault; or
• another body is better placed to deal with the matter. (Local Government Act 1974, section 24A(6), as amended)
3. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint. Mr B commented on a draft before I made this decision.

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What I found

5. We considered a complaint from Mr B in 2016 about the installation of the traffic island, maintenance of the highway and alleged damage to his home. We will not reconsider those matters now.
6. In 2017, the Council advised the local town council it now saw no reason the traffic island could not be removed. However, the Council does not see this as a priority and will not allocate funds to carry out the work.
7. I consider it is a matter for the Council to decide how to allocate its resources. I have seen nothing to suggest fault in how it made its decision.
8. Mr B suggests the Council has breach its duties under the Equality Act 2010. While only a court can determine if a body has unlawfully discriminated against an individual, I have seen nothing to suggest fault by the Council in how it has considered the matter.

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Final decision

9. I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman