Summary: We will not investigate this complaint about the Council not introducing traffic calming measures. There is no evidence of fault in how the Council has considered the complainant’s concerns about traffic issues.

The complaint

1. The complainant, who I refer to here as Mrs B, says the Council has failed to take action to prevent speeding cars on the road where she lives. Mrs B says this resulted in cars hitting her home on three occasions since 2010. In addition to speed reduction measures, Mrs B says the Council should pay her compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
5. 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)
6. 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)

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How I considered this complaint

7. I considered information provided by Mrs B and the Council. I have also considered our Assessment Code.

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My assessment

8. Mrs B’s concerns go back several years. The Council advised her she could complain to us in 2014 but she did not do so. I see no reason we should consider any event before August 2020 which is 12 months from when she complained to us.
9. The Council has consistently explained to Mrs B that it assess the need for speed restrictions or other traffic calming measures using objective information from traffic surveys and accident data.
10. Following a recent complaint from Mrs B, the Council carried out an assessment. As with previous assessments, it decided there was no justification for it to take any action. We do not provide a right of appeal against that decision.

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Final decision

11. We will not investigate Mrs B’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman