The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with concerns raised about barriers on highways and in parks, which the complainant says restricts access for pedestrians and cyclists. This is because we cannot add to the Council’s investigation and cannot achieve the outcome the complainant seeks.
The complaint
The complainant, who I will call Mr X, represents groups campaigning for better access for walking and cycling in the area. Mr X complains that there are many barriers on highways and on parks, which are restricting access for pedestrians and cyclists. Mr X says the Council should implement an action to plan for the barriers to be removed.
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 we cannot achieve the outcome someone wants.
(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
Mr X provided the Council with a report in which he provided several examples of barriers he says are blocking the highway or access to parks. Mr X asked the Council to implement an action plan with a view of removing the barriers.
The Council said it had applied for additional funding for amendments to existing infrastructure. The Council also said it is in the process of developing a Walking and Cycling Strategy which would ensure that walking and cycling infrastructure is fully accessible. The Council said it would be consulting with stakeholders while the strategy is developed and for changes to existing infrastructure if funding is received. The Council said it would consider new design guidance when implementing any changes.
Having considered the Council’s response I am satisfied that it has addressed how it plans to deal with the matters raised by the groups Mr X represents. For this reason, I will not investigate Mr X’s complaint because we could not add to the investigation carried out by the Council. The Council has explained that a policy on the issues raised is being implemented and for that reason we cannot achieve the outcome Mr X seeks which is for the changes to be implements prior to the new policy being implemented.
Final decision
We will not investigate Mr X’s complaint because we cannot add to the Council’s investigation or achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman