The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in introducing traffic calming measures on a road close to Mr X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
The complainant, who I refer to as Mr X, says the Council has failed to introduce traffic calming measures on a road close to his property despite having confirmed its intention to do so.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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) 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: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, 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 Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has been waiting a number of years for traffic calming measures to be introduced by the Council on a road close to his home.
Having been told in April 2022 that the Council would be carrying out the work, he complained to the Council that the work was still outstanding.
The Council explained to Mr X that the works are within its programme for works for this financial year and that it will try to complete them as quickly as possible. However, it said it has to prioritise areas of high risk and that it could not give a confirmed date for the works.
While it is disappointing for Mr X that the works have yet to be undertaken, it is for the Council to decide what priority to give works in its area. We cannot question such decisions when councils have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault by the Council in its handling of matters.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman