Oldham Metropolitan Borough Council (19 016 065)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 20 Feb 2020
The Ombudsman's final decision:
Summary: Mr X complains that the Council has not a moved a street sign that he thinks is dangerous. He also complains that the Council has not started enforcement action against his neighbour, whose gate opens onto his property. The Ombudsman will not investigate this complaint because it is unlikely we would find fault by the Council.
The complaint
- Mr X complains that the Council has not removed a street sign that obstructs the public footpath.
- He also complains that his neighbour has constructed a gate which opens into Mr X’s property.
The Ombudsman’s role and powers
- 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 or continue with an investigation if we believe it is unlikely we would find fault.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the complaint and the supporting documents provided. I wrote to Mr X with my draft decision and given him an opportunity to comment.
What I found
- Mr X complained to the Council about an “A-board” type street sign which he says obstructs the public footpath. Mr X says this is a hazard.
- The Council says it carried out a risk assessment and determined that the A-board is placed in accordance with the Council’s policy.
- There is no evidence that the A-board poses a particular risk to Mr X or that the Council has not applied its policy in assessing the sign. It is unlikely that further investigation would find fault causing direct personal injustice.
- Mr X says that his neighbour’s gate opens out into his property. The Council says it does not own the land in question. This is, therefore, a private matter and the Council has no enforcement power to have the gate moved or changed. There is no evidence of fault in the way the Council considered this matter.
Final decision
- The Ombudsman will not investigate this complaint because it is unlikely we would find fault by the Council.
Investigator's decision on behalf of the Ombudsman