Summary: Ms X complained about the Council’s refusal to force Heavy Goods Vehicles to use a by-pass instead of the road where she lives. The Ombudsman will not investigate this complaint. There is insufficient evidence of fault by the Council which warrants an investigation.

The complaint

1. The complainant, who I shall call Ms X, complains the Council refuses to force Heavy Goods Vehicles (HGVs) to use a by-pass instead of the road where she lives.
2. She says the traffic causes increased noise and vibration which is causing cracks to appear on her home.

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The Ombudsman’s role and powers

3. 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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or

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

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How I considered this complaint

4. I considered:
• the information provided by Ms X
• the Council’s responses to her complaint.
• Ms X’s comments on the draft version of this decision

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What I found

5. Ms X says more HGVs are using the road where she lives, and this is causing noise and possible damage.
6. She wants the Council to force HGVs to use a nearby by-pass instead. Alternatively, the Council should impose a weight limit or a width restriction on her road to prevent HGV access.
7. The Council says:
• the road is a ‘B’ through road and is open to all traffic
• signs are in place directing traffic away from Ms X’s road, onto the by-pass
• it inspects the road monthly for defects
8. It states a weight limit is unsuitable. This requires a Traffic Regulation Order which would not be applicable for HGVs using the road for legitimate purposes such as refuse trucks, emergency vehicles and delivering goods.
9. A width restriction is not suitable because the road is open to all traffic. It serves a fire station, petrol station and several buildings.
10. Signs starting the road is unsuitable for HGVs are informative only and are not enforceable. The Council’s traffic engineers does not consider such signs would reduce the number of HGVs using the road.
11. The Council is the highway authority, and it must decide what traffic management measures to introduce. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong just because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case the Council properly considered Ms X’s request but is not obliged to act on it.

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Final decision

12. I will not investigate this complaint. There is insufficient evidence of fault by the Council which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman