Summary: The Ombudsman will not investigate this complaint about a traffic management scheme. There is no evidence of fault by the Council and the complainant could have sought a remedy in court.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about a traffic management scheme introduced on the road where he lives. He says this will affect the access to and from his home and cause other safety issues.

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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 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 the cost of our involvement. (Local Government Act 1974, section 24A(6))
3. 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. (Local Government Act 1974, section 34(3))
4. The law says we cannot investigate if it would be reasonable for the complainant to seek a remedy in a court of law. (Local Government Act 1974, section 26(6))

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How I considered this complaint

5. I have considered what Mr B said in his complaint. The Council also provided me with details of the proposed traffic management scheme. Mr B commented on a draft before I made this decision.

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What I found

Background

6. To introduce a traffic management scheme, the Council had to make a traffic regulation order (TRO) in accordance with the Regulations. ( Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996)
7. The Regulations set out procedures for consultation and dealing with objections to a proposal before a council makes a TRO.
8. In summary, to begin the formal process, a council must:
• publish a ‘notice of proposals’ in a local newspaper;
• make documents relating to the proposal available for public inspection;
• inform statutory consultees, including the police; and
• give other publicity to the proposal the council considers is appropriate.
9. A council must publish a notice within 14 days of making a TRO, give adequate publicity to the TRO and write to any objectors outlining the reasons for going ahead with the proposal.
10. The notice must also advise there is a right to apply to the High Court within 6 weeks of the date of the TRO. This can be on the basis that:-
• the council does not have powers to make the order; or
• the council has not complied with the relevant Act or regulations.

Analysis

11. The Council has provided details of how it made the TRO and I have seen nothing to suggest fault in this. Mr B submitted his objections and the Council responded to these. Although it did not alter the proposal to address all his concerns, that was a decision for the Council to make.
12. In the absence of any fault, we cannot question the merits of the Council’s decision to make the TRO.
13. Further, if Mr B believed the Council had not complied with the relevant Act or regulations, he could have used the specific remedy Parliament has provided. The restriction I describe in paragraph 4 would apply.

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Final decision

14. I have decided we will not investigate this complaint. This is because there is no evidence of fault by the Council and Mr B had a remedy in court.

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Investigator's decision on behalf of the Ombudsman