Summary: Mr X complains the Council refuses to act to prevent damage to his home by vibrations caused by speed cushions installed 10 years ago. The Ombudsman will not investigate this complaint because it is too late.

The complaint

1. Mr X complains the speed cushions in his road cause vibration which may damage his home.
2. He wants the Council to:
• move the speed cushions elsewhere, or
• change the speed cushions to full length speed humps, or
• strengthen the tarmac underneath so vibrations do not pass to houses; or
• confirm in writing it will pay to repair any damage that might occur

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. . We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• the fault has not caused injustice to the person who complained
• it is unlikely we could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

6. I considered the information provided by Mr X and the Council, including his complaints to the Council and its responses. Mr X commented on the draft version of this decision.

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What I found

7. The Council installed speed cushions in Mr X’s road to reduce traffic speeds. It says this was done 10 years ago after consultation with residents.
8. Mr X says the vibrations caused by traffic passing over the speed cushions have caused damage to his neighbours’ home. He is worried the same thing will happen to his property. He confirms he has been concerned about the vibrations since the speed cushions were first installed 10 years ago. He also says he first approached the Council about this 2 years ago.
9. A Council engineer visited Mr X’s road to inspect the condition and effectiveness of speed cushions. He noted that apart from some deterioration of road makings the cushions are in good condition. The Council also says the engineer noted traffic travelling at less that 20mph. Also, there is a 2 metre grass verge between the kerb and the pavement, then another 2 metres to Mr X’s boundary. It confirmed the size and shape of the speed cushions were checked and comply with Government rules and design guidance.  
10. The Council also commissioned and independent contractor to carry out a traffic survey. It says the results show vehicles are travelling with an average speed of 19mph. The speed cushions are therefore achieving their purpose of reducing the speed.
11. A further site visit took place to meet Mr X and inspect the speed cushions. The Council told Mr X the cushions are made to required specifications and follow design standards and guidance. They are consistent with cushions installed elsewhere in the borough and across London.
12. The Council told Mr X:
• it would not move the cushions because the spacing is specified in government guidance. Moving them may decrease the effectiveness at reducing speed.
• It would not remove the cushions as this will increase traffic speeds and removing one set will alter the spacing
• Changing the speed cushions for full width speed humps is not justified as all cushions in the road would have to be changed and this would not have any impact on reducing noise or vibration levels; and
• It does not accept that vibrations will cause any damage to Mr X’s home

Assessment

13. The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the problem. In this case Mr X confirms he has been aware of the vibrations caused by the speed cushions since they were installed 10 years ago. Therefore, this complaint is late.
14. I have considered whether to exercise my discretion and consider this late complaint. However, the Council has visited the site several times and found no issues with the speed cushions. I consider it unlikely that we can add to the Council’s investigation and unlikely we will find fault in its actions. Mr X has also confirmed that his property has not suffered any damage, rather he is concerned about what may happen in the future.
15. The Ombudsman cannot decide whether a Council is liable for damage. Should Mr X’s property suffer any damage Mr X could make a claim on the Council’s insurance. If this is refused, he can make a claim in the court.
16. For the reasons detailed in paragraphs 14 and 15 above I do not intend to exercise discretion and investigate this late complaint.

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Final decision

17. I will not investigate this complaint. It is late and therefore outside our jurisdiction. And I have seen no good reason to exercise discretion in this case.

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Investigator's decision on behalf of the Ombudsman