Summary: We will not investigate this complaint about how the Council responded to questions Mr X sent it during a consultation, because there is not enough evidence of fault. Nor will we investigate the format of the Council’s online consultation material. This is because the Council’s actions here have not caused Mr X a significant injustice. In any case it is likely further investigation would not lead to a different outcome.

The complaint

1. Mr X said the responses the Council sent to him after he raised several queries about a proposed traffic management scheme were poor and did not address his concerns. He also said the Council’s online consultation material, used content in a format, which was inaccessible to those who are visually impaired and excluded them.
2. Mr X said the Council’s actions have caused him distress and have not recognised his needs as a disabled person.

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The Ombudsman’s role and powers

3. 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 injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or

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

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How I considered this complaint

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

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My assessment

6. In October 2023, Mr X sent the Council numerous questions about a proposed traffic management scheme and in February 2024, the Council replied saying it had taken note of his comments and apologised for the delay in replying. Mr X then made a complaint about this.
7. Alongside this, Mr X also complained about the format of some of the online consultation documents, made available for residents, about the scheme. He said the Council had excluded visually impaired residents and asked the Council a series of questions about how it approached this.
8. During its subsequent complaint replies the Council:
• Provided written responses to his queries.
• Apologised not all it’s replies were on time.
• Offered to meet with Mr X to resolve his concerns.
9. We will not investigate Mr X’s complaint about the Council’s response to his questions about the consultation. The evidence shows the Council provided responses, and while Mr X may remain unhappy, there is not enough evidence of fault here to justify an investigation.
10. Nor will we investigate Mr X’s complaint about the Council’s online consultation format. The Council gave Mr X an explanation here and I am satisfied he has not been caused a significant injustice to warrant investigating further.
11. Furthermore, it is unlikely an investigation would lead to a different outcome in either of these respects.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault and any injustice is not significant enough. In any case I am satisfied an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman