The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s approach to permits allowing certain drivers to pass through a traffic filter without penalties. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Mr X complains the Council has failed to allow access through a traffic filter for carers who look after people who live outside a quieter neighbourhood area.
He says his wife is a carer for her mother and she cannot use the most direct route.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council confirms the Quieter Neighbourhood (QN) project for the area where Mr X lives is physically complete. However, it says it is continuing to review its approach to exemptions which allow drivers to pass through the traffic filter without penalties. It says this approach is taking place outside the QN project and it is possible that retrospective changes may be made.
The Council has also confirmed any changes to permits allowing those who living inside the QN area will be publicised by various methods which may include letters, newsletters, and information on its website.
Final decision
We will not investigate Mr X’s complaint because the Council has confirmed it continues to review its approach to exemptions to those restricted from driving through the filer. And it will publicise changes through different mediums. This is a decision the Council is entitled to make and there is not enough evidence of fault in the Council’s actions to justify an investigation.
Investigator's decision on behalf of the Ombudsman