Summary: We will not investigate this complaint about an experimental traffic scheme. The Council is following a legal process which allows the complainant to raise any objections to the scheme.

The complaint

1. The complainant, who I refer to here as Mr C, has complained about an experimental traffic scheme introduced by the Council in August 2020. He believes it is unnecessary and causes traffic problems.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• 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)

4. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mr C said in his complaint and which included the Council’s response to his concerns. I have also seen information about the traffic scheme on the Council’s website.

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What I found

Background – experimental traffic orders

6. To make a traffic order, a council has to follow a legal process.
7. As in this case, a council can make an experiment order using powers under sections 9 and 10 of the Road Traffic Regulation Act 1984. To do this, it has to comply with the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996).
8. The law does not require councils to consult before making an experimental traffic order. The purpose of such orders is to assess how a scheme will work before making it permanent.
9. An experimental traffic order can only be in force for 18 months. If a council wishes to make it permanent, it must make a new order and consider any objections it received within the first six months of the experimental traffic order.

Analysis

10. There is nothing to indicate any fault in how the Council introduced the experimental traffic order.
11. Mr C can raise any objections to the scheme with the Council. It must then consider these if it wishes to make the scheme permanent.

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Final decision

12. I have decided we will not investigate this complaint. This is because the Council is following a legal process which gives Mr C the opportunity to raise any objections. It is not appropriate for us to interfere in that process.

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Investigator's decision on behalf of the Ombudsman