Buckinghamshire County Council (18 018 124)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 03 Jul 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint that the Council will not introduce road safety measures outside a school. It is unlikely he would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council will not agree to carry out road safety measures he would like to see outside a school.
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 an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
- 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I have considered what Mr B said in his complaint. The Council also provided some background information. Mr B commented on a draft before I made this decision.
What I found
- Mr B says there has not been a crossing place outside a school for many years. He believes this creates a safety issue for children using the school.
- The Council says it has assessed safety issues at the school and has decided there is no justification for a crossing.
Analysis
- It is for the Council to decide what road safety measures, if any, it should introduce. Clearly Mr B disagrees with the Council’s view but I have seen no evidence of fault by the Council in this.
Final decision
- I have decided we will not investigate this complaint. This is because we are unlikely to find that fault by the Council.
Investigator's decision on behalf of the Ombudsman