Southend-on-Sea City Council (23 018 042)

Category : Transport and highways > Traffic management

Decision : Closed after initial enquiries

Decision date : 04 Jul 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council responded to a service request Mr X made, including how it responded to his complaint about the same matter. The Council has given Mr X a response which included an explanation and has apologised. Further investigation would not lead to a different outcome.

The complaint

  1. Mr X complained the Council did not respond to his report about a motor vehicle blocking wheelchair access to a lowered section of a pavement. Mr X also said the Council ignored this request and did not respond to his complaint about the same matter. Mr X said he wanted compensation for this.

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The Ombudsman’s role and powers

  1. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. In November 2023, Mr X asked the Council to respond to his concern about a motor vehicle causing an obstruction. Because the Council did not respond to this, Mr X complained to us, and we asked Mr X to exhaust the Council’s complaint procedures first.
  2. At stage two of its procedures, the Council gave Mr X an explanation about how it dealt with his initial report. After Mr X escalated his complaint (stage three), the Council accepted its earlier explanation was wrong and apologised for giving Mr X incorrect information.
  3. In its stage three response, the Council also:
    • Apologised for its error meaning it did not promptly deal with his initial report and explained why this happened;
    • apologised for the delay in handling Mr X’s complaint, and;
    • gave Mr X an explanation that in any case it would not have been able to deal with his initial report.
  4. I have considered Mr X’s complaint along with the Council’s responses and am satisfied they are a proportionate and reasonable response to the issues he complained about, including giving him an apology. Because of this I find any further investigation of Mr X’s complaint would not lead to a different outcome.

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Final decision

  1. We will not investigate Mr X’s complaint because further consideration would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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