Summary: We will not investigate this complaint about the Council introducing highway infrastructure in Mr X’s area. There is insufficient evidence of any fault which would warrant an investigation. We cannot investigate complaints about matters which affect all or most of the residents within a council’s area.

The complaint

1. Mr X complained about the Council erecting a parking feature in the town where he lives. He says the feature is an eyesore, affects parking in the area and is a waste of public money. He also complained about the introduction of highway chicanes in a village some distance away which he also says are a waste of public money and are unnecessary.

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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 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 continue 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. Mr X says the Council constructed a seating/recreational ‘parklet’ in a parking area on the high street of his town in 2021. He says the construction is a hazard to traffic delivering to businesses and that it is an eyesore and a public waste of money.
8. The Council says the construction was funded by central government during the post COVID-19 pandemic assistance period. The Council issued a temporary traffic regulation order to suspend parking and waiting in the area in July 2021 and the construction remains and is appreciated by the local community.
9. Mr X could have made objections to the traffic order in 2021 if he believes it is unsuitable and the Council has had a period to review its implementation. There is no evidence that he made formal objections in this period and we will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
10. We cannot investigate complaints about a council wasting public money because this is something which applies to all or most of the residents of a council’s area.
11. Mr X also complained about the Council constructing speed restriction chicanes on a road in a village in his area. He says the built out signs restricting the carriageway are unnecessary and were a waste of public resources.
12. The Council says the restrictions were introduced following concern from residents about speeding in their village who raised the matter with the Town Council. The Town Council provided the bulk of the funding and not the Council’s highway authority. Mr X does not live in the village and has not suffered any injustice as a result of the works. We cannot investigate complaints about budget spending by Town and Parish councils which are not within the Ombudsman’s jurisdiction.

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Final decision

13. We will not investigate this complaint about the Council introducing highway infrastructure in Mr X’s area. There is insufficient evidence of any fault which would warrant an investigation. We cannot investigate complaints about matters which affect all or most of the residents within a council’s area.

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Investigator's decision on behalf of the Ombudsman