Summary: The Ombudsman will not investigate this complaint about an unauthorised access across the footway near the complainant’s home. The Council is considering what action to take and the Ombudsman cannot come to a meaningful view of the complaint until that process is complete.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has failed to take action against an unauthorised vehicle access at a property next to his home. Mr B says vehicles using the access create a danger to his family.

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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 it will lead to a worthwhile outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint and information provided by the Council.

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What I found

5. The Council accepts the access Mr B complains about is unauthorised. The Council has powers under the Highways Act 1980 to create a lawful crossing or impose restrictions on the use of the footway as a crossing.
6. The Council is considering exercising its powers under the 1980 Act. Until the outcome of any action by the Council is known, I do not consider we can come to any meaningful view on whether there has been fault by the Council and, if so, how it has caused Mr B injustice.

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Final decision

7. I have decided we will not investigate this complaint as this would not lead to any worthwhile outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman