Summary: We cannot investigate Mr X’s complaint about the Council’s actions in relation to traffic management. This is because it is not in our jurisdiction as Mr X has started court action.

The complaint

1. Mr X complained the Council lied about the number of accidents which occurred near his home. As a result, Mr X said the Council is not taking appropriate action in relation to his road safety concerns. He wants the Council to liaise with the police to obtain the real number of accidents and he wants the Council to implement changes on the road. Mr X also wants the Council to provide him with an apology.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said he started court action against the Council in relation to his road safety concerns. We therefore cannot investigate his complaint as outlined in paragraph three of this decision statement, as it is not in our jurisdiction to do so.

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Final decision

7. We cannot investigate Mr X’s complaint because it is not in our jurisdiction as Mr X has started court action against the Council.

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Investigator's decision on behalf of the Ombudsman