Summary: We will not investigate this complaint about the consultation and implementation of a Traffic Management Order. This is because we are unlikely to find fault, in the Council’s decisions, to justify our involvement.

The complaint

1. Mr X complains the Council did not follow a clear process during the consultation stage for a Traffic Regulation Order (TRO). He says the Council failed to properly consult local organisations. Mr X wants the Council to conduct another consultation.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. TROs allow councils to introduce changes to traffic regulations. The principal law is the Road Traffic Regulation Act 1984. Councils will consult the public on TROs, but unless the council says otherwise, a consultation is not a referendum on whether the new regulation will proceed. Councils are required to consider objections they receive, but the decision to make a TRO rests with the council.
6. Mr X complains that the Council’s previous consultation was inadequate due to low response rates.
7. According to the information I have seen, the Council sent letters to all residents and businesses offering them opportunity to have their say regarding changes to parking controls. Most respondents supported the Council’s proposed changes.
8. Furthermore, the Council also wrote to all residents and businesses advising them of the result of consultations and advising changes. The Council has also liaised with local businesses to reduce impact of changes. As such, we are unlikely to find fault in how the Council considered the matter.

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Final decision

9. We will not investigate this complaint about the consultation and implementation of a Traffic Management Order because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman