Summary: We will not investigate this complaint about the failure to install a traffic bollard. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We do not consider the complainant has suffered enough personal injustice which warrants our involvement. And investigation by the Ombudsman is unlikely to lead to a different outcome.

The complaint

1. The complainant, I shall call Mr X, says the Council delayed in installing a traffic bollard and failed to respond to his requests for updates.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A (6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2019 Mr X asked the Council to install a keep left bollard at a traffic island.
6. The Council advised if one were needed for safety reasons, it would be installed. However, there was likely to be a wait for this.
7. Mr X says he contacted the Council yearly for an update. He received acknowledgements but no updates.
8. In response to his complaint the Council advised its contractor had confirmed the work was completed, including photographic evidence. But on visiting the site it appeared the bollard had been installed elsewhere.
9. The Council apologised to Mr X for the delay and poor service. It also confirmed the bollard would be installed within 4 weeks of the date of its final response.

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Final decision

10. We will not investigate Mr X’s complaint because while the delay and lack of response was frustrating, I do not consider this is enough personal injustice to warrant our involvement. Also, as the Council has advised the bollard will be installed, an investigation is unlikely to lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman