Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to introduce safety measures the complainant thinks are necessary on a road near his home. The complainant also says the Council has failed to explain its reasons. It is unlikely the Ombudsman would find evidence of fault by the Council causing the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not introduce safety measures on a road near his home. He also says the Council has not given him a full explanation of its reasons for this.

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The Ombudsman’s role and powers

2. 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’.
3. 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;
• the fault has not caused injustice to the person who complained; or
• the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. 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)

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How I considered this complaint

5. I have considered what Mr B said in his complaint. The Council also provided a copy of its responses to Mr B’s concerns. Mr B commented on a draft before I made this decision.

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What I found

6. Mr B first formally complained to the Council about its decision not to introduce safety measures July 2017 but it appears he had raised the issue before this. In July 2017, the Council explained to Mr B how its assesses whether to introduce safety measures.
7. Mr B has continued to seek further detail from the Council as it appears he continues to disagree with the Council’s decision. The Council has provided this detail to an extent it considers is reasonable.

Analysis

8. It is for the Council to decide what road safety measures it should introduce. Although I appreciate Mr B does not agree with the Council’s decision, I have seen nothing to suggest fault in how the Council made it.
9. I consider the Council’s responses to Mr B’s continuing concerns have been reasonable. I do not consider there has been fault by the Council in this regard. Even if there had been fault by the Council, I do not consider it would cause Mr B injustice that would warrant our involvement.

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Final decision

10. I have decided we will not investigate this complaint because we are unlikely to find fault by the Council has caused Mr B significant injustice. .

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Investigator's decision on behalf of the Ombudsman