Summary: We will not investigate this complaint about the Council’s introduction of a temporary traffic order for a speed limit. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council introducing a 30mph speed limit on a busy main road in his area. He says there was no public consultation about the reduction in speed which he says results in dangers from drivers braking suddenly and makes his journey to work longer.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the introduction of a 30mph speed limit on a major road in his area has led to congestion and increased length of time driving to work he also says the reduction in speed from 50 mph to 30 mph is too drastic and causes traffic hazards.
6. Mr X complained to the Council about the new speed restriction and the lack of public consultation. The Council told him that the new speed signage is part of a temporary traffic order introduced to reduce accidents and congestion. Temporary orders are carried out under the Council’s statutory powers as highways authority and only require minimum notice and no consultation. The matter was advertised locally and on the Council’s website and has been the subject to public debate online since 2022.
7. The Council intends to make the temporary order permanent after it expires in 2024 and public consultation and objections will be considered before any permanent order is made. It told Mr X that it is monitoring the current scheme but that drivers are responsible for ensuring they drive to the new speed limit and the road conditions.
8. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about a decision where there is no fault. In this case the Council carried out the notification for the temporary traffic order and no consultation was required by the legislation which is the Road Traffic Regulation Act 1984.

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Final decision

9. We will not investigate this complaint about the Council’s introduction of a temporary traffic order for a speed limit. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman