Summary: We will not investigate this complaint about how the Council dealt with a request for a road crossing to be installed, or about how it dealt with consultation into crossings. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains that the Council refused to consider a request to install a crossing on a road near her home, and about how it carried out a consultation into crossings previously. Miss X also complains that the Council refused to consider her complaints about these matters.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The Council refused to consider a request from Miss X for a crossing to be installed on a road near her home. The Council says that crossings on the road were considered prior to changes being made to the road under a scheme to promote sustainable transport methods. The Council says that this involved public consultation, and the matter could have been raised then.
7. I will not investigate Miss X’s complaint that the Council refused to consider her request for a crossing because there is insufficient evidence of fault. The Council fully justified its reasons. In the absence of fault we cannot question the outcome of the Council’s decision.
8. In consulting with the public on the proposed changes the Council held an online survey which it advertised on social media, on posters around the borough and wrote to some residents along the affected roads. I will not investigate this element of Miss X's complaint. This is because the consultation was done in accordance with its policy on engagement and we would therefore be unlikely to find fault.
9. I will not investigate how the Council dealt with Miss X’s complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman