The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters related to local business outdoor seating and associated pavement extensions in Mr X’s locale. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
The complainant, who I call Mr X, says the Council has not taken action to address pavements being obstructed by tables and chairs from local businesses. This has affected him as he has mobility issues and has to walk around the obstructions.
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 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, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about a number of issues concerning local business outdoor seating and associated pavement extensions along a road in his locale.
The Council responded to his complaint and addressed the various issues he had raised. While it acknowledged it had taken time to arrange a site visit, and it apologised for this, it did not uphold Mr X’s main complaint. It explained the businesses in question held the appropriate licences and that it would enforce any infringements. With regard to Mr X’s concerns about the Equality Act and obstructions affecting those with a disability, the Council confirmed a road safety risk assessment is carried out.
While Mr X’s concerns are noted, we do not investigate every complaint we receive and there is no evidence to suggest there has been fault by the Council which has caused Mr X significant injustice so that an investigation is warranted.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman