Summary: Mr X complained about the Council’s failure to provide speed cameras to reduce the number of motorists breaking the 30mph speed limit on his road. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to take action over his complaint about motorists breaking the 30mph limit on the road where he lives. He says it is a rural area but carries heavy traffic and much of this breaks the limit. This causes potential dangers to residents exiting from driveways onto the road.

Back to top

The Ombudsman’s role and powers

2. 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 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), as amended)

Back to top

How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. Mr X has been given an opportunity to comment on a draft copy of my decision.

Back to top

What I found

4. Mr X lives on a road which has a 30mph limit. He says that much of the traffic using it exceeds the speed limit and this is dangerous for residents exiting onto the road. He asked the Council to provide a speed camera on the part of the road near his home, but it informed him there was insufficient budget to do so at present.
5. The Council advised Mr X that the responsibility for enforcing the current speed limit lies with the police. Mr X has contacted the police previously and they said they would carry out speed checks a year ago but failed to do so.
6. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions where there is no fault in the process. The Council as highway authority must decide how to deploy its resources and whether a site warrants further traffic management.

Back to top

Final decision

7. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman