Summary: We will not investigate this complaint about the Council’s introduction of an Experimental Traffic Order. We are unlikely to find fault by the Council has caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has made an Experimental Traffic Order (ETO) which he disagrees with. He also says the Council has not properly dealt with his complaints about the ETO and has failed to provide information he wants.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.(Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr B and the Council. I also considered our Assessment Code.

Back to top

My assessment

4. ETOs are used to trial schemes that may then be made permanent. They are made using powers under sections 9 and 10 of the Road Traffic Regulation Act 1984. To do this, it must follow the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996).
5. The law does not require councils to consult the public before making an ETO. An ETO can only be in force for 18 months The purpose of such orders is to assess how a scheme will work before making it permanent, changing it or removing it. If a council wishes to make it permanent, it must make a new order and consider any objections it received within the first six months of the ETO.
6. Elected Members of the Council decided to create the ETO Mr B complains about. It came into effect in July 2021 and the Council must consider any comments it receives by 11 January 2022 before deciding whether to make the scheme permanent.
7. I have seen the Council’s responses to Mr B’s complaints and consider them to be proportionate. Further, I do not consider how the Council has responded affects Mr B’s ability to provide comments on the ETO. He can complain to the Information Commissioner if he considers the Council has not provided information to which he is entitled.

Back to top

Final decision

8. We will not investigate Mr B’s complaint because we are unlikely to find fault by the Council has caused him injustice that warrants our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman