Summary: We will not investigate Mr X’s complaint about the Council’s decision to install a charging point and bike store outside his home. We have upheld part of the complaint, and the Council has agreed to take appropriate action. It would therefore not be proportionate to investigate.

The complaint

1. Mr X complained the Council installed an electric vehicle (EV) charging bay and a metal bike store outside his property without proper consultation. Mr X stated the process has been very stressful and there has been an increase in noise and litter following the installations. He would like an apology and for the Council to move the charging bay and bike store to different locations.

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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
• we cannot achieve the outcome someone wants,

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. In its complaint response, the Council stated it had carried out a consultation for both the EV charging point and the bike store. It directed Mr X to the consultation documents published on its website, which included consideration of the objections Mr X had raised.
7. We will not investigate this part of the complaint because there is not enough evidence of fault. The Council carried out a consultation, and considered objections raised by Mr X.
8. Additionally, we could not direct the Council to reposition the EV charging point, or the bike store, therefore, we cannot achieve the outcome Mr X wants.
9. Mr X complained of noise and litter associated with the EV charger and bike hanger.
10. If we were to investigate this part of the complaint, it is likely that we would find fault with the Council because the complaint response did not address Mr X’s concerns about noise and litter outside his property.

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Agreed action

11. The Council agreed to resolve Mr X’s complaint by taking the following action within one month of our final decision.
1. Write to Mr X to set out how he can report his concerns about noise and littering to the Council.

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Final decision

12. We will not investigate Mr X’s complaint because the Council has agreed to provide a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman