Summary: The Ombudsman will not investigate how the Council has dealt with complainant’s road safety concerns. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not introduce measures he believes would increase road safety.

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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.
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)

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How I considered this complaint

5. I have considered what Mr B said in his complaint and background information provided by the Council.

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What I found

6. Mr B has been in contact with the Council for some years about measures he would like it to introduce to improve road safety in the local area. The Council has not ignored Mr B’s concerns and has explained to him why it will not agree to his suggestions.
7. It is for the Council to assess and prioritise road safety risks and decide what, if any, action it should take. It is not our role to question the merits of the Council’s decisions if there was no fault in how they were made.

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Final decision

8. I have decided we will not investigate this complaint. This is because it is for the Council to decide what road safety measures it should take and it is unlikely we would find fault in how it has done this.

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Investigator's decision on behalf of the Ombudsman