Summary: We will not investigate this complaint about traffic noise. This is because there is not enough evidence of fault to justify investigating and there is a body better placed to consider the issue raised.

The complaint

1. Mr Y complains the Council’s speed table (similar to a speed bump but greater in length) is causing excessive noise and vibrations which are causing damage to his home and disturbing his sleep. He also says his car has been damaged because of the speed table and he is unhappy with the Council’s poor complaint handling.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr Y complained to the Council in early 2021 about the noise and vibrations he experienced after the Council installed a speed table on the road outside his property. Mr Y says he had to contact the Council several times before it considered his complaint and agreed to carry out a site visit.
6. The Council made a site visit to Mr Y’s road in November 2021 and spoke to local residents about their concerns. Residents said the speed table was not slowing traffic down and had instead led to vibrations and asked for the speed table to be removed. Mr Y says the vibrations have caused damage to his home and the noise is making it hard for him to sleep.
7. The Council referred any residents with damage to their properties to make a claim on their home insurance and then take legal action. It also said it did not carry out noise monitoring on roads and said it was not the authority who allocated funding for traffic calming measures in the area. It said it would need further funds to remove the speed table. The Council then referred Mr Y to us in January 2022.

Analysis

8. 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.
9. Councils are not under a duty to carry out noise monitoring for roads under the Highways Act. The Council has considered the issue properly, including making a site visit to discuss concerns with residents. It also explained the reasons behind its decision not to remove the speed table. Consequently, there is not enough evidence of fault to justify us investigating this complaint.
10. Mr Y says his property and his car has been damaged following the Councill’s installation of the speed table. Mr Y may be able to make a claim through his home insurance for the costs of any repairs needed.
11. The insurer may then continue Mr Y’s claim against the Council. If the Council disputes liability for the costs of the repairs, the insurer or Mr Y himself, may consider pursuing the claim through the courts.
12. The courts can decide who is liable for the costs and if necessary, award damages. We are not able to decide liability or award damages. Therefore, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters better dealt with by the courts. Consequently, we will not investigate this complaint.
13. Mr Y has also complained about how the Council dealt with his complaint. As explained in paragraph three, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. As we are not investigating the substantive issue we will not investigate the Council’s complaint handling.

Back to top

Investigator's decision on behalf of the Ombudsman