Summary: We will not investigate this complaint about the Council’s placement of street furniture. The injustice claimed by Mrs X is not significant enough to warrant our involvement. In any case, we cannot achieve the outcome sought by Mrs X.

The complaint

1. Mrs X complained about the placement of street furniture close to her home, which impacted on her ability to enter and exit her driveway.
2. Mrs X said she was fearful of causing an accident.

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The Ombudsman’s role and powers

3. 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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained the installation of street furniture close to her home impacted her ability to enter and exit her driveway. Mrs X said she was fearful of causing an accident when using her driveway because she has less visibility because of the street furniture.
7. We normally only investigate complaints where somebody has suffered a significant personal injustice, resulting in serious loss, harm or distress.
8. On reviewing the available evidence, I do not consider the injustice claimed by Mrs X to be significant enough to warrant the costs of a full Ombudsman investigation. While I acknowledge the impact Mrs X describes in that she must proceed with extra caution when using her driveway, I do not consider this amounts to a significant injustice at the level that meets the threshold for our intervention.
9. Additionally, Mrs X’s desired outcome is for the Council to move the street furniture. We cannot tell the Council to do this and therefore cannot achieve the outcome Mrs X seeks.
10. For these reasons, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because the injustice claimed by Mrs X is not significant enough to warrant our involvement and we cannot achieve the outcome sought.

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Investigator's decision on behalf of the Ombudsman