The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the layout of a road. This is because there is no evidence of fault by the Council and the injustice Mr X claims results from the actions of third parties and not the Council.
The complaint
The complainant, Mr X, complains about the layout of a road in the Council’s area. He says motorists drive in the wrong lane and change lanes without any indication and without waiting to be let in. He says this causes road rage and abuse, which he has reported to the Police. He wants the Council to widen the road to create more lanes as he believes this will help with traffic.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The injustice Mr X describes stems from the actions of other motorists and we could not hold the Council responsible for this. Mr X has reported the incidents to the Police and this is the most appropriate course of action to address the concerns he has raised.
While Mr X would like the Council to alter the road layout the Council considers it fit for purpose and it is not our role to question its judgement or to direct it to make changes it considers unnecessary. The Council is under no obligations to alter the road layout and its refusal to do so is not fault.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council and the injustice Mr X claims results from the actions of other motorists rather than the Council.
Investigator's decision on behalf of the Ombudsman