Summary: The Ombudsman will not investigate this complaint that the Council has not introduced road safety measures the complainant believes are necessary. The Ombudsman is unlikely to find fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has not introduced traffic measures he believes are needed. In particular, he says the Council should have introduced a 20 mph speed limit outside a school where a fatal accident occurred in 2013. Mr B’s child is a pupil at the school.

Back to top

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. (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)

Back to top

How I considered this complaint

5. I have considered what Mr B said in his complaint. Mr B commented on a draft before I made this decision.

Back to top

What I found

6. Mr B has complained the Council will not introduce safety measures at two sites, both of which are some kilometres from his home.
7. Mr B raised particular concerns about a road outside a school where a pupil tragically died in an accident in 2013. Mr B’s child attends the school. He says the Council should reduce the speed limit to 20 mph.

Analysis

8. It is for the Council, as the highways authority, to decide what safety measures should be introduced. We do not provide an appeal against its decisions.
9. The Council has not ignored Mr B’s concerns but does not agree with his views about what action it should take. It has explained its position to him.

Back to top

Final decision

10. I have decided we will not investigate this complaint. This is because, while I have no doubt Mr B’s concerns are genuine, I do not consider it likely we would evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman