The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged unlawful obstructions to a footpath as Mr X is not caused significant personal injustice from it.
The complaint
Mr X complains the Council refuses to remove what he considers to be unlawful obstructions of a footpath, in the form of ‘motorcycle inhibitors’. Mr X says these impact on disabled people and people with push chairs/prams etc.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has concerns about how the alleged obstructions impact on certain groups of people wanting to access the piece of land in question but gives no indication that he is impacted himself. I do not therefore consider Mr X is caused sufficient personal injustice from his complaint to warrant our involvement. I also do not consider there are public interest grounds for us to investigate.
Final decision
We will not investigate Mr X’s complaint because he is not caused a significant personal injustice from it.
Investigator's decision on behalf of the Ombudsman