Walsall Metropolitan Borough Council (22 004 153)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 21 Jul 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in removing a redundant bus lane sign. There is insufficient evidence of any significant personal injustice which would warrant an investigation.
The complaint
- Mr X complained about the Council’s failure to immediately remove a bus lane sign following the discontinuation of bus lane operations.
The Ombudsman’s role and powers
- 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 decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A (6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council failed to remove a sign indicating a bus lane after the traffic order ended in March 2022. He complained in April and the Council told him it inspected the site in June and the sign had been covered. Mr X says the delay was unsatisfactory and it should not have been necessary for the public to raise the matter.
- There is no statutory duty to remove redundant signage within a fixed period of time. the sign shared information about other traffic regulations and this has to remain in place.
- Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
- There was no direct injustice caused to Mr X by the sign not being removed immediately.
Final decision
- We will not investigate this complaint about the Council’s delay in removing a redundant bus lane sign. There is insufficient evidence of any significant personal injustice which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman