The Ombudsman's final decision
Summary: We will not investigate this complaint about Transport for London’s decision not to install a pedestrian crossing close to the complainant’s home. This is because there is not enough evidence of fault to warrant an investigation.
The complaint
The complainant, Mr X, has asked Transport for London (TfL) to install a pedestrian crossing close to his home. Mr X thinks the current road layout is dangerous. TfL has so far refused Mr X’s request.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
In its responses to Mr X TfL said it had investigated his query. It explained all its projects are data led including the monitoring of safety to help decide where to invest in the road network. It said its resources had been affected by COVID-19 and it would continue to monitor the location for road safety. But it would not be installing a crossing.
We will not start an investigation because there is insufficient evidence of fault by the Authority. It has considered Mr X’s request and decided not to carry out the work using the limited resources it has. This is a decision of professional judgment.
The Authority has not done what Mr X wants it to do, but it is not required to agree to every request someone makes. The fact that it has not provided the response that Mr X would like does not meant the decision is wrong. Also, it is the job of the Authority, not the Ombudsman, to decide where to install pedestrian crossings. The Ombudsman does not act as an appeal body. We cannot intervene simply because the Authority makes a decision that someone disagrees with. There would need to be fault in the decision-making process and there is not enough evidence of that here. We will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman