Summary: We will not investigate Mr X’s complaint about a newly constructed point of access to his property, which he believes is unsafe. This is because the Council has considered his concerns and responded to them, and we cannot question its judgement that the access is acceptable.

The complaint

1. The complainant, Mr X, complains the Council has constructed an unsafe vehicular access to his property which does not provide for access by pedestrians.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. As part of a scheme to widen the road outside Mr X’s property, the Council entered into an agreement with Mr X to use part of his driveway in exchange for demolishing his existing garage, which was built on the driveway, and building a new one within the boundary of his property. It also installed a new gate and driveway to allow him to park vehicles within his property.
6. Mr X’s is unhappy with the work as he says the point of access to his property is unsafe.
7. The Council says it has carried out four safety audits and the scheme has been signed off internally and by National Highways. It acknowledged parts of the scheme fall below the minimum standards but explained to Mr X that it is acceptable in the circumstances.
8. Mr X has commissioned an independent report which raises concerns about road safety. He sent this to the Council but the Council responded to its findings explaining why it will not take any further action.
9. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision.
10. In this case the Council has considered and responded to Mr X’s concerns and its decision that the access is acceptable is a matter of professional judgement. I have seen nothing to suggest there was any fault in the way the Council reached its view and we cannot therefore criticise it.
11. It is unclear whether the agreement between Mr X and the Council specified any details regarding the access to Mr X’s property but if Mr X believes the Council has breached the agreement he may wish to seek legal advice.

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Final decision

12. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot question the Council’s judgement that the access provided is acceptable.

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Investigator's decision on behalf of the Ombudsman