Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to relocate the bollards which are currently situated outside her business. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complained the Council’s bollards outside her business are affecting her business and the Council has refused to move them. It has caused Mrs X frustration. She wants the Council to move the bollards to another location.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X owns a business. She said outside her business there are bollards on the road. Mrs X said the public use the area for parking their vehicles. She said they park in her parking space which causes an inconvenience. It is affecting her customers as the parked vehicles block them from parking. Mrs X also said there have been incidents where vehicles have hit her business and her customers’ vehicles.
7. The Council responded to Mrs X’s complaint. It said:
• it had placed the bollards there over 20 years ago to support calming traffic measures. The Council said its decision was evidence based and had correctly placed them;
• in response to Mrs X’s complaint, it reviewed the bollards and said they were functioning as intended. It had not received any concerns about them until Mrs X’s complaint;
• it said there had been no recorded incidents within the area in the last five years. However, the Council told Mrs X it would monitor the matter in relation to parking and consider implementing measures to reduce any risks. It advised Mrs X on how to report such incidents via the Council or the Police; and
• it concluded that it would not relocate the bollards.
8. We will not investigate Mrs X’s complaint. In response to her concerns, the Council reviewed the bollards and concluded they were functioning as intended and did not need to be relocated. It explained the reasons for its decision and there is insufficient evidence of fault in the way it reached that decision.
9. In addition, the Council said it would continue to monitor the situation and consider whether any further measures were needed to address parking and safety concerns. This was an appropriate response.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman