The Ombudsman's final decision
Summary: We will not investigate this complaint about highway safety because we could not add to the Council’s investigation or reach a different outcome.
The complaint
Mr B says the bin lorry was blocking the road, so a binman waved for him to drive his car onto the footpath to go around the lorry, which was dangerous. Mr B wants the Council to apologise.
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: 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Highway Code says you must not drive on or over a pavement, footpath, or bridleway except to gain lawful access to property, or in the case of an emergency. If you do not follow the Highway Code, you are breaking the law. So, I understand why Mr B is aggrieved if someone has suggested he drive onto the pavement.
The Council has properly investigated and responded to Mr B’s complaint. The Council explains it cannot say exactly what happened during the incident. Regardless of whether staff acting on behalf of the Council suggested Mr B drive onto the pavement it was ultimately his decision whether to do so.
Final decision
We will not investigate Mr B’s complaint because we could not add to the Council’s investigation or reach a different outcome.
Investigator's decision on behalf of the Ombudsman