Summary: We will not investigate Mr X’s complaint that the Council has refused to remove a highway bollard outside his property. The bollard has been removed and no further action is required.

The complaint

1. Mr X complains the Council has refused to remove a bollard near the entrance to his property which makes driving in and out difficult. Mr X says he has damaged his car due to the bollard. He would like the Council to inspect the bollard and remove it.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with a council’s actions or proposed actions.

(Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. The information includes the Council’s reply to the complaint. I viewed internet street scene photographs showing the entrance to Mr X’s property and the bollard.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The matter is resolved and Mr X is satisfied with the outcome. Mr X tells me the Council visited and gave permission for a third party he was employing, and who it also uses, to remove the bollard. This has happened and the area made good.
8. Damage to a vehicle is outside the Ombudsman’s jurisdiction because Mr X has a legal remedy at court if he has evidence the Council was negligent or otherwise at fault (see paragraphs 3 and 4 above). I consider it reasonable for Mr X to use his legal remedy because a court has the power to award compensation.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint that the Council has refused to remove a highway bollard outside his property. The bollard has been removed and no further action is required.

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Investigator's decision on behalf of the Ombudsman