City of York Council (19 003 226)

Category : Transport and highways > Traffic management

Decision : Closed after initial enquiries

Decision date : 17 Jul 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council’s response to the complainant’s suggestion it should create a mini roundabout. It is unlikely he would find fault by the Council had caused the complainant significant injustice.

The complaint

  1. The complainant, who I refer to here as Mr B, has complained about the Council’s response to his suggestion it introduces a mini roundabout at a junction in the City centre.

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The Ombudsman’s role and powers

  1. 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’.
  2. 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;
  • the fault has not caused injustice to the person who complained; or
  • any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended)
  1. 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

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

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What I found

  1. Mr B contacted the Council and suggested it could improve traffic in the City centre if it created a mini roundabout at a junction. While there was a delay in providing a full response, the Council has explained to Mr B why it will not take up his suggestion.

Analysis

  1. It is for the Council to decide what traffic management measures it should introduce. I have seen no evidence of fault in its decision not to create a mini roundabout.
  2. I do not consider any delay there may have been in explaining this to Mr B cannot have caused him injustice that would justify our involvement.

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Final decision

  1. I have decided we not investigate this complaint because we are unlikely to find fault by the Council has caused Mr B significant injustice.

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Investigator's decision on behalf of the Ombudsman

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