Leicestershire County Council (20 009 678)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 05 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains new road markings outside his home cause noise disturbance. We do not intend to investigate this complaint as we are unlikely to find fault in the Council’s actions.
The complaint
- Mr X complains the Council installed new road markings on the road close to his home. He says these new markings are too thick and when cars drive over them the noise is loud enough to disturb his sleep.
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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered the information provided by Mr X and discussed his complaint with him. I also considered information provided by the Council.
What I found
- In 2020, the Council resurfaced the road close to Mr X’s home. Following this, it repainted the road markings at the junction with the road where Mr X lives.
- Mr X complained to the Council about the noise he says is caused by the new road markings. in response to my enquiry, he says the noise is caused by the painted road markings, not the new road surface.
- The Council says the markings are the same those which were covered by the new road surface. Following Mr X’s complaint an officer visited the site. The Council says it found no noise issues caused by vehicles driving over the markings. It has confirmed the markings have been laid to specification and do not stand proud of the surface any more than a standard white line. It advised Mr X of this before sending its final response to his complaint.
- It is not our role to determine whether the new road markings are acceptable. We can consider how the Council considered Mr X’s complaint.
From the information I have seen it seems that the Council has given proper consideration to Mr X’s views. I see no sign of procedural irregularity which would allow us to question the Council’s decisions.
Final decision
- I will not investigate this complaint. I have no seen evidence of fault in the Council’s actions following Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman