Summary: We will not investigate this complaint about an alleged unsafe section of road. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X says a section of the road he lives on is unsafe and road accidents have resulted in injury and damage to property. Mr X says the Council should protect residents by installing barriers to make the road safer.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code and Guidance on Jurisdiction.

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My assessment

7. I understand the accidents will have been distressing for those living nearby. However, they occurred 15 years apart and there is insufficient evidence they were directly the result of fault or omission by the Council.
8. The Council investigated Mr X’s concerns and took steps to improve the safety of the road. It made a considered decision not to install the barriers that Mr X is seeking. An investigation by the Ombudsman is unlikely to find fault with the Council’s actions. Without evidence of fault in the decision-making process, we cannot question the decision itself.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman