Dorset Council (20 007 090)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 03 Dec 2020

The Ombudsman's final decision:

Summary: We will not investigate this complaint about signs on a footpath. This is because it is unlikely we would find the Council at fault as it has properly considered the issues before acting.

The complaint

  1. Mr Y complains the Council has failed to put up adequate signage to stop cyclists riding along a narrow footpath by his home.
  2. Mr Y says he has witnessed an accident which left a pedestrian needing hospital treatment.

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The Ombudsman’s role and powers

  1. 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)
  2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

  1. I considered the information and pictures Mr Y and the Council provided. Mr Y had an opportunity to comment on my decision. I considered any comments received before making a final decision.

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What I found

  1. Mr Y contacted the Council in September 2020 asking it to put up signs for cyclists to dismount and not ride along a footpath running by his home. The Council put up signs along the path, but Mr Y complained to the Council further in October 2020, saying the signs would only be seen when cyclists were already riding on the path. He also complained that the signs were too small, making them inadequate. The Council said in its response to Mr Y’s complaint it could not put up larger signs without making the pathway which is already narrow, even narrower.
  2. Mr Y says the poor signage has meant he witnessed someone who had been injured on the path and he is concerned other residents will eventually be hurt by cyclists along the path.

Analysis

  1. When Mr Y contacted the Council to ask it to put up signs to prevent cyclists from riding along the footpath, it responded, putting up signs along the path itself with pictures asking cyclists to dismount. While Mr Y was unhappy with the size of the signs, the Council had clearly considered his request and acted upon it.
  2. Mr Y does not however consider the signs to be adequate, as they are small and placed along the footpath, rather than at the start of it, where he thinks cyclists should dismount. The Council’s complaint response though shows it considered the placement of the signs along the path, but there was not room to add further signage without blocking the path. It also said it chose to have smaller signs to ensure the footpath would not be blocked by the signs themselves.
  3. While Mr Y clearly feels strongly about the issue, we cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. As the Council properly considered Mr Y’s complaint about the need for and then the size and placement of the signs, it is unlikely we would find fault in this complaint.

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Final decision

  1. We will not investigate this complaint. This is because it is unlikely we would find the Council at fault.

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Investigator's decision on behalf of the Ombudsman

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