Devon County Council (21 006 639)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 21 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council deciding not to make a traffic regulation order banning heavy goods vehicles from a local road. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is nothing to suggest fault affected the Council’s decision.
The complaint
- The complainant, who I refer to here as Mrs B, asked the Council to create a traffic regulation order banning heavy goods vehicles (HGVs) from a road near her home. She says the HGVs cause noise, safety issues and pollution and affect the rural community in which she lives.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
- We do not provide a right of appeal against a council’s decision. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by Mrs B which included the Council’s response to her concerns. I also considered our Assessment Code.
My assessment
- Mrs B submitted a request to the Council that it create a TRO banning HGVs from a road near her home. The Council considered the request but decided it could not support it. It has explained its reasons to Mrs B in some detail.
Final decision
- I have decided we will not investigate this complaint. While I recognise Mrs B disagrees with the Council’s decision, we do not provide a right of appeal against it. I have seen nothing to suggest fault in how the Council considered her request that is likely to have affected the outcome.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman