Summary: We will not investigate this complaint about the Council’s introduction of an Experimental Traffic Order. We are unlikely to find fault in the process followed by the Council.

The complaint

1. The complainant, I shall call Mr X says the Council has put in place an Experimental Traffic Regulation Order:
• without gathering proper data
• without properly engaging with the community; and
• without fulfilling its legal obligation to consult with emergency services.
2. He says he lives in fear the scheme will cause delays to an emergency service response should he or his family need help.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A (6))

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How I considered this complaint

4. I considered information provided by Mr X, including the Council’s responses to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Experimental Traffic Regulation Orders (ETROs) are used to trial schemes that may then be made permanent. Authorities must put in place monitoring arrangements.
7. A council can make an experimental order using powers under sections 9 and 10 of the Road Traffic Regulation Act 1984. To do this, it must follow the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996).
8. The law does not require councils to consult anybody other than the Police before making an ETRO, unless the scheme includes road humps. However, Government Guidance recommends consulting all emergency services.
9. The Council says it provided details of the proposed changes to the Police, Ambulance and Fire & Rescue Services and advised they could request changes to the proposals if required. It received no response from the services and the ETRO came into force in December 2020.
10. The purpose of such orders is to assess how a scheme will work before making it permanent.
11. An ETRO can only be in force for 18 months. If a council wishes to make it permanent, it must make a new order and consider any objections it received within the first six months of the experimental traffic order.
12. Mr X says the Council has failed to follow either failed to adhere to their legal duty or deliberately avoided adherence to the spirit of the law. But the Council confirms it gave the emergency services details of the proposed scheme and advised they could ask for changes. Therefore, the services could have commented or asked for changes. As it did not receive any comments or requests the Council implemented the ETRO.

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Final decision

13. We will not investigate Mr X’s complaint because it is unlikely we will find fault in the way the Council introduced the ETRO.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman