Summary: We will not investigate this complaint about Council vehicles using a right of way. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not manage safety risks related to using large highways vehicles on a narrow lane. He said the Council’s use of the lane has caused him disruption, fear and anxiety. He said there is a safety risk to pedestrians. He would like the Council to carry out a site-specific risk assessment for such vehicles using the lane and consider providing him with compensation for time, distress and land encroachment.

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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 further investigation would not lead to a different outcome. (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 complained that a large Council vehicle drove on a narrow lane without a site-specific risk assessment, and accessed his driveway without his permission.
6. In its complaint response, the Council apologised to Mr X that one of its vehicles had turned around on his driveway. It told Mr X that it had reiterated to the service the proper access route to the lane.
7. We will not investigate this part of Mr X’s complaint because further investigation would not lead to a different outcome. The Council apologised for the vehicle turning on Mr X’s driveway and put measures in place to prevent recurrence.
8. The Council told Mr X a site-specific risk assessment was not needed. It said the vehicle carried out work under the Council’s operational risk assessment, and appropriate warning signs were in place to advise pedestrians and other vehicles.
9. We will not investigate this part of Mr X’s complaint because further investigation would not lead to a different outcome. The Council explained the risk assessment in place for its vehicles on the lane.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman