Tendring District Council (21 009 100)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 01 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s involvement in a request for the installation of a bollard on a road outside the complainants home. I will not investigate this complaint because any fault by the Council did not cause the complainant a significant injustice.
The complaint
- The complainant, who I will call Mr X, complains about how the Council dealt with his request for a bollard to be installed on the road outside his home. Mr X says he has been passed to the incorrect authorities and the bollard has still not been installed.
The Ombudsman’s role and powers
- 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:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Requests for the installation of bollards on roads are matters for the Highways Authority. In this case the Highways Authority is Essex County Council.
- In October 2019, Mr X contacted Tendering District Council and asked it to install a bollard in the road outside his home. The District Council incorrectly told Mr X this was a matter for Essex Parking Partnership. When he contacted Essex Parking Partnership, he was told it was a matter for Essex County Council.
- I will not investigate Mr X’s complaint. Whilst the Council did incorrectly signpost Mr X to Essex Parking Partnership, rather than Essex County Council, he was directed to the correct authority soon after, and was subsequently advised of the process he would need to complete for his request to be considered. Therefore, I do not consider that the District Council’s fault cause Mr X a significant injustice.
- Any complaint about how the application has been considered will need to be made separately to the County Council.
Final decision
- We will not investigate Mr X’s complaint because any fault did not cause Mr X a significant injustice.
Investigator's decision on behalf of the Ombudsman