Dorset Council (21 011 470)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 09 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to questions Mr X has asked concerning road safety. This is because there is no evidence of fault by the Council.
The complaint
- The complainant, who I refer to as Mr X, says the Council has fobbed him off and failed to properly respond to questions he has raised about road safety in his area. He says it is deliberately withholding information.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X raised questions about road safety in his area with councillors and officers. He was unhappy with the responses he received and complained about them.
- The Council responded to the issues raised by Mr X in his complaint and set out in some detail its decision, contained in its final position statement, why it would not be implementing further safety measures in the area Mr X is concerned about.
- We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While I understand Mr X may not agree with the decision taken by the Council, it has responded to his queries and there is no evidence to suggest there has been fault by the Council.
- If Mr X believes the Council is withholding information requested under an FOI request, he can contact the Information Commissioner which is the body best place to deal with such issues.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman