Summary: Mr X complained about the Council’s introduction of traffic calming measures in his locality in 2017 and its refusal to consider his request to remove them. We should not investigate this complaint. This is because we have previously considered the installation procedure in 2018 and there is no evidence of fault in the Council’s response to his recent requests for their removal.

The complaint

1. Mr X complained about a traffic calming scheme introduced in his locality in 2017. He says the Council’s consultation was unprofessional and favoured one view of residents in favour of others. He wants the Council to reconsider the scheme and to remove the traffic calming features.

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The Ombudsman’s role and powers

2. 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)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered all the information which Mr X submitted with his complaint. Mr X has commented on a draft copy of my decision.

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What I found

5. Mr X says the Council failed to carry out proper consultation with residents when it proposed traffic calming measures in 2017. He says the methodology of the consultation was unfair and favoured residents who wanted the scheme. We considered the Council’s proposals as the subject of complaint reference 18016406 in 2018 and found no fault in the Council’s procedures.
6. Mr X represents residents who want the Council to remove the traffic calming which they believe is unsatisfactory and a hazard to highway users. There is no requirement for the Council to remove the features which were installed by proper legal process under the highways legislation. The Council told Mr X that it has recently completed a 12-month road safety audit of the scheme and will be considering if any changes are warranted.
7. There is no obligation on the highway authority to carry out further consultation with residents at this stage.

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Final decision

8. We should not investigate this complaint. This is because we have previously considered the installation procedure in 2018 and there is no evidence of fault in the Council’s response to his recent requests for their removal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman