The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a street sign the Council installed outside his house because there is insufficient evidence of fault.
The complaint
Mr X complained the Council installed a traffic sign outside his house which he says is not compliant with the relevant regulations. Mr X said the matter caused him frustration. Mr X wants the Council to move the sign.
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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint. In its complaint responses, the Council explained it had checked the position of the sign and found it was installed correctly and in line with the relevant regulations.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
There is insufficient evidence of fault in how the Council made its decision to warrant an investigation by the Ombudsman, and we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman