Royal Borough of Kensington & Chelsea (20 006 550)

Category : Transport and highways > Highway repair and maintenance

Decision : Closed after initial enquiries

Decision date : 27 Nov 2020

The Ombudsman's final decision:

Summary: Mrs X complained about increased traffic congestion and road works in her area. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Mrs X complained about increased traffic congestion due to roadworks in her area which has increased journey times from a few minutes to over an hour.

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The Ombudsman’s role and powers

  1. 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.

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

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How I considered this complaint

  1. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response. Mrs X has been given an opportunity to comment on a draft copy of my decision.

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What I found

  1. Mrs X says traffic in her area has increased considerably recently and that roadworks have exacerbated the congestion. She complained to the Council and it confirmed that there have only been limited roadworks in recent months. It says that the traffic increase is due to two main bridges over the Thames being closed by Transport for London and diverted traffic using the area.
  2. The Council has no control over the volume of traffic entering its area or the effects of road closures in areas outside. There is insufficient evidence of any fault by the Council which has led to increased traffic near Mrs X’s home.

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Final decision

  1. 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

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