Summary: The Ombudsman will not investigate how the Council has dealt with the complainant’s concerns about road safety issues near his home. It is unlikely the Ombudsman 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 reduce take road safety measures near his home which he believes are necessary.

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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. 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;
• the fault has not caused injustice to the person who complained; or
• the injustice is not significant enough to justify our involvement. (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. The Council also provided background information including its response to Mr B’s concerns. Mr B commented on a draft before I made this decision.

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What I found

6. Mr B has raised road safety issues, including changing the speed limit, with the Council for some time.
7. It is for the Council to decide what road safety measures are necessary or possible. The Council has set out its views in detail to Mr B.
8. Mr B says the Council has not met with him to discuss his concerns but I have seen nothing to suggest the Council is unaware of the conditions in the area.
9. The Council has not ignored Mr B’s concerns but has explained why it cannot agree with his view that it should reduce the speed limit or take other road safety measures.

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Final decision

10. I have decided we will not investigate this complaint. This is because, while I appreciate Mr B disagrees with the Council’s conclusions, I have seen no evidence of fault in how it has considered his concerns.

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Investigator's decision on behalf of the Ombudsman