Summary: We will not investigate this complaint. This is because there is no evidence of fault in how the Council considered a proposal to introduce a weight limit on a local road near where Mr X lives.

The complaint

1. Mr X complains the Council has failed to take steps to restrict the use of a local road near his home by heavy goods vehicles (HGVs). Mr X says HGVs are not suited to the road and there have been a number of accidents. He says HGVs also using the road also cause disruption to people in local villages as they drive through.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Local residents and the local Parish Council requested the Council place a weight restriction on a local road to prevent it being used by HGVs.
7. The Council’s Local Area Committee considered the proposal for a weight restriction on the road. The Council’s officers provided the Committee with comments on the proposal, objections, letters of support and the impact on surrounding roads.
8. The Council’s officers said they did not support the proposal. They said there had been no records of accidents involving vehicles over the proposed weight restriction in the past five years. They also said that placing a restriction on the road may lead to an increase in use of other nearby roads. Officers also highlighted that placing a weight restriction on the road may result in the re-classification of the road meaning it may not be considered a priority for gritting during periods of cold weather.
9. However, officers recommended that “a study of the route is undertaken considering any clusters of collisions and those pinch points highlighted”.
10. The Council’s Committee listened to statements from local people about their concerns including Mr X.
11. The Committee minutes show it considered the comments from local people and officers. The minutes of the meeting say:

“…members considered the risks involved with downgrading the road and agreed that the recommendation of officers was the correct course of action and that a full study and review of the route should be undertaken”.

12. The Council has confirmed that funding has been obtained for a review of the route and this will start shortly. The review will look at improving road safety on the route.
13. It is unlikely we would find fault with the Council’s decision to decline to impose a weight restriction on the road. The Council has considered evidence and the comments of local people in reaching its view. Mr X may disagree with the decision but we cannot criticise it in the absence of evidence of any fault in the way it was reached.

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Final decision

14. We will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman