Summary: We will not investigate Mr X’s complaint about the Council’s traffic calming measures at a district centre. The Council has not caused Mr X injustice. The Council has not made a final decision on whether to retain the measures and there is currently a public consultation.

The complaint

1. Mr X complains the Council introduced a temporary traffic scheme at a district centre including a 20 mile per hour limit and road humps or ‘cushions’. Mr X says the road cushions do not comply with the law and cause damage to his car. Mr X says the Council’s scheme is an example of the failings in its highways department which fails to follow due process, penalises the motorist, introduces schemes not wanted by residents, and wastes taxpayers’ money on consultations.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for a council review or appeal.

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

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

5. I have considered Mr X’s information and comments. The information includes the Council’s reply to his complaint, June 2021. I have considered information on the Council’s website about the measures introduced at district centres.

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My assessment

6. I will not investigate Mr X’s complaint for the following reasons:
7. There is currently a public consultation which the Council’s website says closes on 17 September. The Council says this is intended to assess the impact of the traffic measures. The website says the Council introduced measures to make shopping safer. They included a 20 mph speed limit, increased signs, and traffic calming cushions. It is appropriate for Mr X to make his views known via the consultation.
8. The Ombudsman will rarely investigate a temporary measure where the Council has not made a final decision and is following a consultation process. It is not appropriate to do so here.
9. A claim of damage to Mr X’s car is outside the Ombudsman’s jurisdiction because Mr X has a legal remedy at court if he believes the Council is at fault (see paragraph 3). I consider it reasonable for Mr X to use his legal remedy. A court has the power to award damages.
10. The Ombudsman cannot investigate a complaint that the Council is wasting taxpayer money which Mr X says is the case in its public consultations. Such a complaint is outside our jurisdiction on the ‘all or most rule’ (see paragraph 4 above).

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Final decision

11. The Ombudsman will not investigate Mr X’s complaint about the Council’s traffic calming measures at a district centre. The Council has not caused Mr X injustice. The Council has not made a final decision on whether to retain the measures and there is currently a public consultation.

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Investigator's decision on behalf of the Ombudsman