The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a request for speed restrictions on a road in Mr X’s village. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council’s failure to introduce speed restrictions requested by residents in his village. He says traffic causes hazards to road users in his village and he is dissatisfied with the few road markings the Council recently introduced. He wants the Council to introduce a speed limit of 30mph or less if possible.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the B-road which passes through his village suffers from speeding traffic which causes hazards for residents at exit points and on bends. He presented a petition to the Council at a parish meeting asking for speed restrictions of preferably 10mph but at least 20mph to be introduced.
The Council told him that 30mph was the slowest speed restriction it could apply to this type of highway and that there is a procedure for requesting the legal order to create this. It would be necessary to seek the support of a county councillor who should recommend it to the Council. This would be assessed using statistical information provided by the Police and if accepted then it would be added to the list of Traffic Regulation Orders due to be processed in the County.
Mr X was disappointed with the response and asked or signs to be introduced at least as a minimum response. The Council agreed to paint ‘slow’ lettering on the highway at the village entrances and carry out some surface repairs in the summer. When this was completed Mr X says the signs are incorrectly placed and give inadequate warning to drivers.
The Council is the highway authority and it has powers to introduce traffic restrictions where it considers them to be beneficial to traffic management. Restrictions have to be introduced by way of a Traffic Regulation Order and the Council has explained this process to Mr X. the placing of the road markings which Mr X commented on was for the Council to decide. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.
Final decision
We will not investigate this complaint about the Council’s response to a request for speed restrictions on a road in Mr X’s village. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman