Summary: Mr X complained about parking and traffic enforcement near a school in his area. We will not investigate this complaint. This is because there is insufficient evidence of personal injustice caused by fault which would warrant an investigation.

The complaint

1. Mr X complained about speeding, inconsiderate parking and the need for additional crossing provision near a school in his area.

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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 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
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. Mr X says the Council has failed to take sufficient actin following his complaints about speeding traffic and inconsiderate parking near a school. The Council told him it is not responsible for speed enforcement; this is the role of the police.
7. Any additional parking restrictions or crossings would require a necessary traffic regulation order and procedures. It says the school involved has not asked for any additional road safety features.
8. There is insufficient evidence of any direct personal injustice caused to Mr X by the Council’s refusal to provide additional traffic management measures.

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Final decision

9. We will not investigate this complaint. This is because there is insufficient evidence of personal injustice caused by fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman