Summary: We will not investigate Mr X’s complaint about the Council not treating footways during snow and ice weather conditions, in line with its Winter Service Plan. This is because it is unlikely we would find fault with the Council.

The complaint

1. Mr X complained the Council failed to implement its Winter Service Plan during several days of icy weather as it did not treat footways which it said it would prioritise. Mr X said as a result, he could not travel safely on foot. It caused him frustration. He wants the Council to provide him with an apology. He also wants the Council to ensure it acts in line with its Winter Service Plan and to be clear on what footways it has treated.

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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 there is not enough evidence of fault to justify investigating. (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 said there were several days of icy weather. He said people were falling on pavements, at bus stops and in town centres. He said the Council’s Winter Service Plan states the Council would prioritise treating primary walking routes such as town centres and high streets. He said the Council had failed to treat such footways.
6. In response to Mr X’s complaint, the Council said:
• it does not salt/grit footways before expected snow and icy weather;
• however, in exceptional weather conditions where it has snowed for a long period of time and the snow has accumulated, the Council does salt/grit footways; and
• it prioritises footways near schools, medical facilities and transport hubs.
7. The Council’s response was in line with what it has set out in its Winter Service Plan.
8. The Council’s Winter Service Plan states it has a statutory duty under the Highways Act 1980 to ensure snow and ice does not prevent safe travel within the area. It also says it is not realistic to treat every carriageway, footway and cycle path within the area and this is in line with the Traffic Management Act 2004.
9. We will not investigate Mr X’s complaint because it is unlikely we would find fault with the Council. Mr X said the Council had failed to treat prioritised footways in line with its Winter Service Plan however, the Council’s Winter Service Plan also states it is not required to treat every footway.
10. Mr X said he wanted the Council to provide information to the public about what footways it had treated. In response to Mr X’s complaint, the Council said it would update its website to provide such information. This was appropriate.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we would find fault with the Council.

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Investigator's decision on behalf of the Ombudsman