The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to install anti-skateboarding studs in its city centre. There is not enough evidence of fault to justify us investigating and no evidence that Mr X has been caused an injustice.
The complaint
Mr X complained about the Council’s decision to install anti-skateboarding studs at the Cenotaph. He said the studs were trip-hazards especially for disabled and visually impaired people, putting them at risk of injury. Mr X wants the Council to remove the studs.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council started to install anti-skateboarding studs two-years ago. In its complaint response to Mr X it said: the size of the studs did not meet the criteria for a trip hazard; it informally discussed the introduction of the studs with disability groups; and it followed due process in its decision to install the stoppers.
Therefore, there is insufficient evidence of fault in the Council’s actions to warrant further investigation.
There is also no evidence the Council’s decision to install the anti-skateboarding studs has caused Mr X an injustice.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions, or that he has been caused an injustice.
Investigator's decision on behalf of the Ombudsman