Summary: We will not investigate Mr X’s complaint about the Council’s refusal to reimburse costs which he says he incurred due to inaccurate roadworks diversion signage delaying his travel. There is not enough evidence of fault in this decision to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to reimburse him costs he incurred for missing an appointment, which he says happened due to inaccurate roadworks diversion signage delaying his travel. He wants the Council to reimburse his costs and improve its traffic management practices.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In its complaint response, the Council acknowledged some errors in the roadwork diversion signage. However, it said it did not agree the incorrect signage caused Mr X to miss the appointment. Nor did it agree that it was responsible for him missing the appointment, or that it should reimburse him the subsequent charge he incurred.
6. We will not investigate this complaint. It was Mr X’s responsibility to ensure he arrived at his appointment on time, not the Council’s. It was the appointment provider’s decision to charge Mr X for missing the appointment. If Mr X does not agree he should be charged, it is open to Mr X to challenge the charge directly with the organisation that issued it. Despite any accepted errors in the signage, the Council is not responsible for any charge Mr X received from another organisation. There is insufficient evidence of fault in the Council’s decision that it will not reimburse him the charge to warrant an investigation.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in its decision to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman