Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to take measures to prevent damage to the complainant’s garden wall. We are unlikely to find fault in how the Council made its decision and delay in dealing with her complaint has not caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Ms B, has complained the Council will not install bollards to prevents vehicles damaging her garden wall. She has also complained about delay by the Council in responding to her.

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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
• any 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 Ms B said in her complaint which included the Council’s final response to her. The Council also provided background information.

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What I found

Summary of events

6. Ms B lives in a cul de sac and says her garden wall is frequently damaged by vehicles turning round. In late December 2018 she asked the Council to put bollards on the highway to protect her wall.
7. The Council sent a response in early February 2019 explaining in detail why it could not agree to her request. It explained any damage to Ms B’s property would be a private matter between her and whoever caused the damage.
8. Ms B complained to the Council in February asked it to escalate her complaint through its complaints procedure. The Council did not provide Ms B with its final response until August. Its position regarding the bollards and responsibility for any damage did not alter.

Analysis

9. It is for the Council to decide whether to install bollards or take any other measures to prevent damage to Ms B’s property. I have seen no evidence of any fault in how it has done this and it is not our role to question the merits of the Council’s decision.
10. The Council has accepted there was delay in responding to Ms B’s complaint and apologised to her. I do not consider this delay in itself has caused her injustice that would justify our involvement. The situation remained unchanged and, while I appreciate Ms B’s frustration, we will not investigate this as a separate issue.

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Final decision

11. I have decided we will not investigate this complaint for the reasons set out in paragraphs 9 and 10.

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Investigator's decision on behalf of the Ombudsman