The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to install a zebra crossing close to his home. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The crossing is not yet in place. The claimed injustice is therefore speculative.
The complaint
The complainant, I shall call Mr X, says the beacons from a zebra crossing will cause a nuisance because light will intrude into his bedroom.
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 Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint. The zebra crossing beacons are not in place. Therefore, it is not confirmed that Mr X will suffer unacceptable light intrusion to his home. Therefore, any injustice to him from any fault is speculative. We cannot remedy speculative injustice.
Investigator's decision on behalf of the Ombudsman