Devon County Council (21 005 196)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 20 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about delay in the Council responding to Mr X’s query about a highway issue. This is because the injustice caused to Mr X from this is not sufficient to warrant our involvement.
The complaint
- Mr X complained to the Council after he waited over two months for a response to his query about the speed limit on his road which he made after having concerns about speeding. Mr X felt frustrated by the delay.
The Ombudsman’s role and powers
- 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 injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
My assessment
- Mr X contacted the Council about the speed limit on his road as he was concerned about speeding vehicles. The Council responded saying the speed limit on Mr X’s road is 30 mph, which is the default for urban, street lit areas. Mr X asked the Council further questions about this but says he has yet to receive a response.
- While I understand Mr X’s frustration at the delay by the Council in responding to his queries with it, this does not represent a level of personal injustice to Mr X that would warrant our involvement. We will not therefore investigate. I will however point out to the Council that Mr X is awaiting a reply and ask it to respond.
Final decision
- We will not investigate Mr X’s complaint because the injustice caused to him is not sufficient to warrant our involvement.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman