Summary: We will not investigate this complaint about the Council’s decision on where to locate a road sign. It is unlikely we would find fault and there is no significant injustice to Miss X. In any case, there is no worthwhile outcome achievable by an investigation.

The complaint

1. Miss X complained because she said the Council had placed a road sign, on a pole, at a location closely positioned to her home. Miss X said this was an inconvenience to her, and she was concerned the Council had placed it in the wrong position, meaning other road users would be affected. Miss X wants the Council to move it to a different location where it would be more visible.
2. Miss X was also unhappy with how the Council responded to her concerns.

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The Ombudsman’s role and powers

3. 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; or
• any fault has not caused injustice to the person who complained; or
• there is no worthwhile outcome achievable by our investigation.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X was unhappy with the Council’s decision to place a road sign with a restriction notice, on the footpath near her home. She said this caused her and her visitor’s inconvenience. She also said she believed it was obscured by trees, meaning other drivers did not have sufficient advance warning of the restriction notice.
7. The Council replied and explained why it believed it the road sign was not in a position that would affect Miss X’s access to her driveway. Given its explanation, which I have seen, it is unlikely that if we were to investigate, we would find fault.
8. Miss X also said the road sign was poorly positioned and this was a detriment to other road users. Any injustice there may be, caused by the Council’s decision, is not a personal injustice to Miss X and we will not investigate.
9. In any case, there is no worthwhile outcome achievable by us investigating. We could not direct the Council to move a road sign, as they are the principal highways authority, who have the responsibility for movement of traffic and pedestrians.
10. Miss X was dissatisfied with the Council’s handling of her concerns, but we will not investigate this, because it is not a good use of our resources to look at how the Council dealt with a complaint, if we are not looking at the substantive issues.

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Final decision

11. We will not investigate Miss X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman