Summary: We will not investigate this complaint about Mrs X’s concerns about a nearby road which has no footway. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council’s failure to take sufficient action to improve a nearby road which she says is a safety risk because there is no footway. She says pedestrians should not have to share the road with traffic and has witnessed speeding traffic, abusive drivers to pedestrians, collisions and danger to pushchair and wheelchair users.

Back to top

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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X says a nearby road has no footway for some of its length and this creates a safety hazard for pedestrians who have to walk against the traffic. She complained to the Council and asked how the road met the width standards for footways and the requirements of the Equality Act 2010.
6. The Council advised Mrs X that the road was laid out before the Equality Act was created, and indeed before the previous Disability Discrimination Act. The legislation is not retrospective and the Council, like most others, has to maintain the road system it has inherited. There are no duties to provide footways where one has not existed previously.
7. The Council told Mrs X that the road was included for footway works in a 2023 programme, but the locations and extent of any works could not be detailed at present.
8. We may not question the merits of decisions or comment on judgements councils make, unless they are affected by fault in the decision-making process. In this case the Council has no duty to provide additional infrastructure to the existing and it is not responsible for the actions of drivers, which is a matter for the Police to enforce.

Back to top

Final decision

9. We will not investigate this complaint about Mrs X’s concerns about a nearby road which has no footway. There is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman