The Ombudsman's final decision
Summary: We will not investigate this complaint about a public event because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, says the Council did not tell residents about some road closures for a 10km race. He says he was locked in a car park and could not work. Mr X also says there was nobody to provide help and support.
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 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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Mr X was unable to leave a car park for a few hours because some roads were closed for a 10km race. Mr X describes himself as being held hostage and says it negatively affected his ability to work. Mr X complained and said the race was poorly managed, there was no advance notice, and no support for residents.
The Council explained it put notices up about two weeks in advance. It explained it obtained a Traffic Regulation Order which provided the legal basis for closing the roads. The Council said emergency services would have been able to provide help at any location for an emergency but do not routinely provide non-urgent support when a road is closed. The Council said the plans had been approved by the safety advisory committee who had not made any adverse comments. The Council said that pedestrian access continued and Mr X could have left the car park on foot.
I will not start an investigation because there is insufficient evidence of fault by the Council. I appreciate Mr X was unaware of the race, and was inconvenienced, but there is nothing more we would expect the Council to have done. It obtained a TRO, put up advance signs and ensured the event was approved by the safety advisory committee. It also explained the police would only provide support in an emergency. I acknowledge Mr X did not see the signs but that does not mean there was fault by the Council.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman