The Ombudsman's final decision
Summary: We will not investigate this complaint about a speed traffic survey the Council carried out during the Covid lockdown. This is because we are unlikely to find evidence of fault and because the planning application to which it related has since been withdrawn.
The complaint
The complainant, who I refer to as Mr X, says the Council undertook a speed traffic survey in connection with a planning application for a proposed minor development when it had previously said this could not be done until traffic conditions had returned to normal. He says the conditions at the time gave an inaccurate result and the Council should have waited.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
In responding to Mr X’s complaint about this matter, the Council explained why it did not consider the results of the traffic survey had been impacted by the lockdown and that it was satisfied the data obtained was sufficient for the purpose it had been used in relation to a planning application.
Mr X may not agree with the Council’s decision here, but I have seen no evidence to suggest there was fault by the Council. It is not our role to question the professional judgement of officers and the Council has adequately explained its position.
Moreover, since the complaint was made, the planning application to which the survey related has been withdrawn and while I note Mr X is concerned the survey may be used in the future for some other application, this is not a complaint we will investigate.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault and because the planning application to which it related has since been withdrawn.
Investigator's decision on behalf of the Ombudsman