The Ombudsman's final decision
Summary: We will not investigate this complaint about Council signage for a turning circle. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
The complainant, who I refer to as Mr X, says Council signage for a turning circle close to his property is inadequate and does not make clear that drivers should not be parking in it. He says this causes noise as cars drive in and out, doors open and close and cars are parked overnight in the turning circle so it cannot be used.
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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about drivers parking in the turning circle near his home. He asked the Council to erect a sign to make clear the area was a turning circle and not for parking. The Council erected a sign which said “turning circle”. Mr X says he wants the sign to also say “no parking”.
In response to our enquiries the Council said it had not been made aware by Mr X that there continued to be problems but that as parking was taking place by local residents in the area and it had taken proportionate action, it would not be investigating the matter further or proposing any further action.
While Mr X may remain dissatisfied with the actual wording of the sign, the Council acted in response to his concerns and erected a sign which it considers adequately addresses the problem. As an investigation by the Ombudsman is unlikely to find evidence of fault by the Council or lead to a different outcome, we will not investigate the complaint.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman