Summary: We will not investigate this complaint about whether the Council has properly advertised weight restrictions on Mr X’s street. This is because the injustice to Mr X has not been caused by any fault by the Council.

The complaint

1. Mr X complains the Council has failed to put up proper signs at the roadside notifying drivers of a weight limit on the road where he lives.
2. Mr X says heavy good vehicles are driving down his street disturbing his sleep and fumes are exacerbating his health issues.

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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 any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has imposed a Traffic Regulation Order on Mr X’s street limiting weight of vehicles that can access it. Mr X is unhappy that the Council took too long to update one sign and that did not correctly show the weight restrictions in place.
7. The Council is not responsible for enforcing moving traffic violations. That is a matter for the Police. There are signs at the entrance to the street as well as elsewhere on surrounding roads warning vehicles in advance that the limit is in place. The injustice to Mr X is caused by vehicles unlawfully accessing the street. This has not been caused by any fault by the Council.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice to Mr X has not been caused by fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman