Summary: We will not investigate this complaint about the Council’s response to Mr X’s road safety concerns. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council has not properly assessed and decided on a safety risk on a public footpath. He is concerned someone may be injured. He is also unhappy with the Council’s complaint handling.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My Assessment

6. The Council told Mr X its highways team had found no safety defects on the footpath but its rights of way team would investigate his concerns of speeding on the byeway and consider action. The Council could not give a timeframe for action noting it had 4000 reports to work through and it had to prioritise those that were more serious.
7. The Council is not obliged to act more quickly. It has told Mr X that it will investigate his concerns and given reasons why action will not be immediate. There is not enough evidence of fault to justify an investigation.
8. It is not a proportionate use of our resources to investigate Mr X’s complaints about the Council’s poor communication and complaint handling when we are not investigating the substantive issue.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman