Summary: The Ombudsman will not investigate Mr X’s complaint about the extension of a traffic regulation order. The Council is acting within the experimental traffic regulation order and will not make a final decision before the end of January.

The complaint

1. Mr X complains the Council has extended the period of an experimental traffic regulation order until the end of January 2020 and without consultation. Mr X says the change in parking and disabled bay provision in the centre of his town has made the situation worse and he believes the Council is infringing equality law.
2. Mr X complains the Council has failed to properly answer his three questions which are:
1. What health and safety concerns led to the experimental traffic regulation order implemented in September 2018?
2. Do the new arrangements breach equality law due to the adverse impact on those with a disability?
3. How is it monitoring the new arrangements and by what criteria will it decide whether they should become permanent?

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. I have considered our previous final decision on this matter dated 26 September 2018 (18003763). I have clarified the position with the Council which has provided a letter sent to Mr X’s MP on 18 July.

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What I found

5. The Council previously explained that the traffic regulation order (TRO) can last up to 18 months from implementation which gives an end date early in March 2020. The Council explained there would be a period of monitoring and an opportunity for objections and consultation. A report would go to the Council’s Local Committee. The Council tells me the expected committee date is 29 January 2020.
6. Our previous decision noted that there was a six week right of appeal to the High Court against a traffic enforcement order where there was a failure to comply with the law.

Analysis

7. I will not investigate this complaint for the following reasons:
1. There is insufficient reason to investigate the decision to extend the assessment period until the end of January. There does not appear to be fault. The Council has the power to extend the assessment period for the duration of the existing TRO.
2. Mr X complains to the Ombudsman too early because the Council has not made a final decision. If Mr X has evidence that the new arrangement is dangerous, or inappropriate, then he should provide it to the Council which will need to consider all evidence when making its decision.
3. There is no reason to revisit why the Council decided to implement the experimental TRO. Mr X had a legal remedy against the TRO if he wanted to pursue a claim that the Council was acting unlawfully. That is not something the Ombudsman can decide. This office investigates administrative fault causing injustice. The Council’s letter to Mr X’s MP answers his first two questions (see paragraph 2(a) and (b)) and it does not need to do more.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint about the extension of a traffic regulation order (TRO). The Council is acting within the experimental TRO and will not make a final decision before the end of January.

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Investigator's decision on behalf of the Ombudsman