Summary: We will not investigate this complaint about the Council’s adoption of a road safety scheme. The injustice is not significant enough to warrant investigation.

The complaint

1. Mrs X complains about the Council’s decision to adopt a new road safety scheme. Mrs X complains about how the Council conducted and presented the public consultation, and other assessments. Mr X wants the Council to reconsider its decision.
2. Mrs X complains about the Council’s complaints handling procedure.

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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 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

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. 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.
7. We will not investigate this complaint because there is not enough evidence Mrs X has suffered a significant personal injustice to warrant the Ombudsman devoting time and public money to investigation.
8. The Council held a public consultation on the scheme before deciding to introduce it. While the Council could use the public consultation to inform its decision, it did not have to follow its results. The Council’s directors approved the scheme. If they accepted the assessments and data, we cannot question their decision.
9. The Council has responded to Mrs X’s concerns but refused to escalate it as part of its formal procedure, because the nature of her complaint fell outside the procedure’s scope. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence she has suffered a significant personal injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman