Somerset West and Taunton Council (20 010 234)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 23 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about people riding cycles and e-scooters on the pavement. It is unlikely we would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mrs B, has complained about people using ‘e-scooters’ and cycles on the pavement. She says the Council should take action to prevent this, including putting up signs.
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)
How I considered this complaint
- I have considered what Mrs B said in her complaint. The Council has also provided background information including its response to Mrs B’s concerns.
What I found
Background
- The use of e-scooters in the highway was illegal until July 202. Since then use is allowed through a share scheme in which users hire an e-scooter subject to certain conditions. The Council introduced such a scheme on a trial basis and a contractor operates the scheme on the Council’s behalf.
Analysis
- The police enforce breaches of highway law such as cycling or riding e-scooters on the pavement. The Council has no role in this.
- Further, the Council is not the highways authority and so is not responsible for signage on roads.
- The information provided to hirers of e-scooters by the Council, through its contractor, is clear that riding on the pavement is prohibited. The Council has advised Mrs B how to inform its contractor of any issues. If the contractor can identify that an issue involves someone who has hired an e-scooter, it can consider whether it should take any action.
Final decision
- I have decided we will not investigate this complaint because it is unlikely we would find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman