The Ombudsman's final decision
Summary: We will not investigate this complaint about a highway hazard because any injustice is not significant enough to justify our involvement.
The complaint
Miss Y complained the Council failed to act to stop children kicking footballs into the road. Miss Y feels this is a significant safety hazard.
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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
Miss Y has not suffered a serious loss, harm or distress as the result of any fault by the Council. While she may feel strongly about the issue, but this is not a sufficiently significant injustice to justify use of public funds to investigate this complaint. We will not investigate.
Final decision
We will not investigate Miss Y’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman