The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to relocate a pedestrian crossing and how it carried out its consultation. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council failed to appropriately consult him before deciding to relocate a nearby pedestrian crossing close to his home. He says the crossing causes light and noise pollution and prevents him from parking outside his property.
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 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
For safety reasons, the Council proposed to move the position of a pedestrian crossing. The new location was closer to Mr X’s home.
The Council put a notice in the local newspaper advertising the scheme. It also put up a site notice.
The Council notified Mr X of the works by letter a few days before they were due to start. Mr X complained that he was not consulted about the proposals and the letter did not give him enough time to respond before the works began.
In its complaint responses, the Council explained its reasons for deciding to move the location of the crossing. It said the new location provided improved visibility and increased safety for both motorists and pedestrians. It said it had complied with its statutory obligations by advertising in the local press and putting up site notices.
We will not investigate this complaint as there is insufficient evidence of fault. The Council appears to have complied with its statutory obligations. Although councils can choose to directly notify those affected by proposed works and invite their representations during the consultation period, this is not a legal requirement. There is insufficient evidence of fault to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman