Bournemouth, Christchurch and Poole Council (20 004 189)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 13 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint that the Council will not make changes to road markings suggested by the complainant. There is no evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mr X, has complained the Council will not make changes to road markings at a roundabout. He believes the changes would be an improvement and prevent accidents.
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 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 X said in his complaint which included the Council’s final response to his concerns. Mr X commented on a draft before I made this decision.
What I found
- Mr X wrote to the Council suggesting amendments to the road markings at a roundabout. He considers the current markings are confusing to motorists and create the possibility of accidents. He believes his suggestions would improve the situation.
- The Council is the highways authority and is legally responsible for the road markings Mr X has complained about. It has considered Mr X’s suggested changes and explained to him why it cannot agree to them.
Final decision
- I have decided we will not investigate this complaint. This is because it is for the Council to decide whether to make any changes to the road markings and there is no evidence of fault in how it has decided not to do so.
Investigator's decision on behalf of the Ombudsman