Summary: We will not investigate Mr B’s complaint about the Council installing bollards on the grass verge outside his home. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council installed wooden bollards on the grass verge outside his home without any notice or giving him the opportunity to address the Council’s concerns. Mr B feels his property has been singled out and says the bollards have restricted access to his driveway and have created road safety concerns. Mr B would like the Council to remove these bollards immediately.

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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 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 B and have viewed this location online.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. There is not enough evidence of fault to justify an investigation into this complaint.
6. The Council says it installed these bollards to protect the grass verge which had been damaged through unauthorised use by vehicles. The Council is allowed to use such measures to protect the highway and the consent of nearby homeowners is not needed. These bollards do not prevent Mr B's lawful use of the existing crossover which serves his property. Mr B’s property has not been singled out because there are similar bollards outside other properties.
7. So, we will not investigate this complaint.

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Final decision

8. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman