Summary: The Ombudsman will not investigate this complaint that the Council will not allow the complainant to install a memorial bench on a roundabout. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that the Council will not allow her to put a memorial bench on a roundabout. Mrs X says the Council gave consent but then made her remove the bench.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

4. Mrs X’s son was killed in a road accident a few years ago.
5. Mrs X wants to install a memorial bench on a roundabout about 600m from the site of the accident. The Council has inspected the roundabout, and did a risk assessment, but has decided it is not a safe place for a bench. It says there have been other accidents near the roundabout and it would not be safe to encourage people to sit on the roundabout.
6. The Council told Mrs X she could use a portable seat when she visited but she would need to remove it after each visit. However, Mrs X installed a permanent bench which the Council asked her to remove. The Council has offered to help Mrs X find an alternative, safe location. Mrs X did not accept this offer.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council considered Mrs X’s request, did a safety inspection and a risk assessment, but decided the area was not safe to promote as a sitting area. It is not fault for the Council to follow the professional advice of highway officers, especially as there have been accidents in that area. In addition, although the Council gave Mrs X consent to use a portable seat she installed a permanent bench. I have seen a photograph of the bench and it is not portable. As Mrs X did not have permission to install the bench there is no suggestion of fault in the Council’s decision that she must remove it.
8. I appreciate Mrs X wants a memorial and has had a difficult time. But, the Ombudsman does not act as an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman