The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mrs X’s report of a defective road verge. If we were to investigate, it is unlikely we would find fault and we cannot achieve the outcome Mrs X is seeking.
The complaint
Mrs X was concerned about the risk of falling because she had to cross a grass verge, which was badly rutted, when she crossed from the road to the pavement. She was unhappy the Council took no action and wants it to install a suitable crossing point.
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, or we cannot achieve the outcome someone wants. (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 I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to address her concerns about the poor state of the verge near her home. She said she was concerned about the risk of falling as she got out of her vehicle, to cross to the pavement.
The Council inspected the verge Mrs X was concerned about and said it would make a repair at some point when it could. It also said it would not take immediate action, because it did not agree there was a safety concern. It gave Mrs X advice about how to request a vehicle crossing point and declined to install a crossing point in line with her request.
Given the Council’s explanation here, we will not investigate this complaint, because it is unlikely we would find any fault in the Council’s actions. It inspected the defect she reported and decided there was no need for any immediate response and as the Highways Authority, that is a decision it can take.
In any case, we could not require the Council to instal a vehicle crossing in line with Mrs X’s wishes and therefore cannot achieve the outcome she is seeking.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we would find fault and cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman