Summary: Miss X complained about the Council’s failure to properly investigate a councillor’s failure to support her request for traffic calming restrictions on the road where she lives. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Miss X, complained to the Council about the attitude of a local councillor whom she says refused to support her request for traffic calming restrictions following an accident she was involved in.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response and Miss X has commented on the draft decision.

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What I found

4. Miss X asked her local county councillor for his support in requesting traffic calming measures on the road where she lives following an accident involving her. She says the councillor was unhelpful and confirmed to the Council’s complaints officer that he would not support the request.
5. The Council’s Monitoring officer decided that the councillor had not breached the members Code of Conduct and explained to Miss X how she might apply to the Council to seek traffic calming changes in her area. Miss X says she did not receive a proper response and expected a full investigation of the councillor’s refusal.
6. Local councillors are local politicians and not officers of the authority. They may take a different view to that of their residents and they do not have to agree with requests which are made to them. Unless a councillor acts in a way which is a breach of the members’ Code of Conduct there is no fault which would warrant an investigation.
7. Although the Council’s response could have been better explained to Miss X it did give her the opportunity to ask for further information. The Councillor confirmed to the officer that he did not wish to support Miss X’s request and he was free to do so.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman