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 has resulted in two near misses involving her child.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. 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)
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council has not ignored Mrs B’s concerns but has explained to her it assesses the need for speed restrictions or other traffic calming measures using objective information from traffic surveys and accident data.
6. The Council has decided there is no justification for it to take any action. We do not provide a right of appeal against that decision.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman