The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to install a crossing with a Belisha beacon outside his property. Further investigation would not lead to a different outcome.
The complaint
Mr X complained after the Council installed a Belisha beacon outside his property as part of a pedestrian crossing. He said the Council did not consult with him before it installed the beacon and it was not part of the Council’s advertised plans. He said the continual flashing of the beacon was affecting his wellbeing. He wants the Council to remove the beacon.
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 our involvement, or further investigation would not lead to a different outcome.
(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
We will not investigate Mr X’s complaint about the Council’s decision to install a crossing with a Belisha beacon outside his property. The installation of the crossing was part of a project to improve non-vehicular access in Mr X’s area. The Council confirmed it advertised the Traffic Regulation Order with the Notice of Intention to install the crossing in 2022. It said it advertised this on lamp posts, in the local media and on its website. It made the decision to install the crossing in 2023. The Council took all necessary steps before installing the crossing. There is not enough evidence of fault to justify our involvement.
The Council installed the crossing towards the end of 2024. Following that, Mr X raised concerns about the light from the Belisha beacon.
In the Council’s complaint response, it confirmed it had taken steps to resolve Mr X’s problems with flashing from the beacon. It said that relevant teams within the Council had designed a bespoke solution to address the problem, however, that required a new globe. The Council confirmed that after reviewing quotes, it had ordered a new globe which it hoped to arrive in March 2025. There is no evidence of fault in how the Council has responded to Mr X’s concerns about the Beacon. It has taken necessary steps to resolve the issue. Further investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman