Summary: We will not investigate this complaint about easement obstruction because there is insufficient evidence of Mrs Y suffering significant personal injustice to warrant an investigation by the Ombudsman.

The complaint

1. Mrs Y complains about repeated obstruction of her easement by vehicles contracted under the Council’s home-to-school transport arrangements. She says the vehicles block the only vehicular access to her property.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

5. Mrs Y complained to the Council about repeated obstruction of her easement by vehicles contracted under its home-to-school transport arrangements.
6. The Council explained that it had a duty to provide home-to-school transport for children who needed it, including the child who lives nearby to Mrs Y and who is a wheelchair user. It said it had a duty to facilitate safe boarding and alighting for wheelchair users, and that it deems the temporary obstruction of up to 15 minutes as reasonable and proportionate to achieve this. The Council acknowledged Mrs Y’s position and said it will continue to take steps to minimise disruption wherever possible.
7. There is insufficient evidence of Mrs Y suffering significant personal injustice, therefore we will not investigate this complaint. If Mrs Y is concerned about the vehicle blocking access to her property for a longer period of time, she can report the matter to the police.
8. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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Final decision

9. We will not investigate Mrs Y’s complaint because there is insufficient evidence of her suffering significant personal injustice to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman