The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s introduction of a cycleway scheme under an experimental traffic order. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council introducing a new cycleway scheme in his area. He believes the new traffic scheme is dangerous and puts all users at risk which he has witnessed. He wants the Council to remove the scheme.
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 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 the information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council’s introduction of a cycleway scheme in his area has created an unsafe environment for pedestrians, cyclists and other road users. He thinks the scheme is unsuitable for his area and objects to the proposals.
The Council introduced the scheme by way of an experimental traffic order in March 2024. The consultation period for the order runs for six months until August. After this date the Council will be required to analyse the feedback and decide whether to implement a permanent order, extend the period for a further 6 months or to abandon the scheme.
An experimental order can stay in force for up to a maximum of 18 months while the effects are monitored and assessed. Formal objections to the order must be made in the first six months of it coming into force. Experimental Traffic Orders (ETOs) are part of the decision-making process and therefore allow councils to trial things in a "live" situation. The traffic authority has the power to simply impose an ETO without consultation and Mr X’s council has done this, with the scheme operating for 6 months during which he could object.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made. In this case I can see no evidence of fault in the way the Council introduced the order.
Final decision
We will not investigate this complaint about the Council’s introduction of a cycleway scheme under an experimental traffic order. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman