The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to road safety concerns as it is unlikely we will find fault by the Council.
The complaint
Mr X complained the Council refused to implement road safety measures he requested to mitigate concerns he has about the potential for accidents on the short, single carriageway road where he lives and to prevent vehicles using residents’ private land. Mr X says he has been caused worry by this. Mr X would like the road ideally to be made for residents’ use only but if not, he would like some other traffic calming measures to be installed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s investigation report to Mr X outlined the consideration it had given to the issues he raised.
The Council considered whether changes to the road network would be required, since planning approval was granted in 2016 to redevelop the area into residential properties. The Council concluded not.
The Council advised it has no statutory duty to implement road safety measures but has adopted its own policy to assess road safety issues, in response to concerns raised by the public, to determine if further investigations are required. It assessed Mr X’s concerns, but concluded no intervention was warranted.
The Council advised that any unauthorised use of residents’ private land would be a civil matter and not a matter for the Council.
I recognise Mr X is unhappy at the Council’s response, but it seems unlikely we would find fault in the Council’s consideration of the issues he raised. In the absence of fault, we cannot be critical of the Council’s decision on Mr X’s case. For this reason, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman