Birmingham City Council (23 015 286)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 07 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to carry out further, targeted consultation on designs for a low traffic neighbourhood. There is not enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
- Mrs X complains the Council failed to undertake further consultation on the design for a low traffic neighbourhood (LTN) as it said it would do.
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 Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In March 2022, the Council published a final design for an LTN where Mrs X lives. She says it advised it would seek further local and targeted feedback from residents in the affected properties before refining the details. Mrs X complains the Council did not do this.
- In response to my enquiries the Council has provided information which shows:
- online surveys targeting the different areas covered by the proposed LTN in September and October 2022; and
- drop-in sessions were held in September and October 2022.
- It says it sent letter advising of the surveys and drop-in sessions to all properties in the area and including information on how to comment.
- The Council also confirms a resident with the same surname and address as the complainant registered to attend a drop-in session in October. It also believes the same person responded to one of the online surveys.
- From the information provided by the Council I am satisfied the Council undertook further engagement with residents after the LTN design was published in March 2022.
Final decision
- We will not investigate Mrs X’s complaint because from the information we have seen there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman