Torbay Council (19 019 495)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 06 Apr 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint that the Council will not introduce traffic calming measures suggested by the complainant. It is unlikely he would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council will not carry out traffic calming measures on the road where he lives. He also complains the Council will not meet with him on site to discuss his concerns.
The Ombudsman’s role and powers
- 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’.
- 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;
- it is unlikely further investigation will lead to a different outcome; or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
- 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)
How I considered this complaint
- I have considered what Mr B said in his complaint and the Council’s response to his concerns. I have also seen the Council’s policy document ‘A Road Safety Strategy for Torbay 2017-2020’.
What I found
- The elected Members of the Council have adopted a policy for giving priority to highways works which is based on an analysis of accident data.
- The Council has considered the concerns raised by Mr B. It has explained why, under its policy, it cannot give priority to the works he has suggested. Given this, it says no useful purpose would be served by meeting him on site.
Final decision
- I have decided we will not investigate this complaint. This is because the Council has not ignored Mr B’s concerns and has explained why it will not carry out traffic calming measures. It is for the Council to decide what works to carry out and we are unlikely to find fault in how it has done this.
Investigator's decision on behalf of the Ombudsman