Summary: We will not investigate this complaint about the Council’s highway improvements to a roundabout and speed limits near Mr X’s home. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s alteration of traffic management at a busy roundabout on an A-road in his area. He says there has been increased speeding and heavy vehicle use on the lane where he lives. He wants the Council to consider introducing a speed limit, weight restrictions and to reconsider the roundabout scheme.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council carried out traffic flow alterations to a roundabout at a bust junction in his area. He says that traffic has diverted down the lane where he lives as a result of the works. He believes the Council did not take this into consideration when the scheme was devised. He complained to the Council and asked it to consider extending a 30mph speed limit down the whole of the lane and to restrict heavy vehicles which pass his home.
6. The Council told Mr X that the alterations were to improve traffic flow and were not significant enough to warrant a full Traffic Impact Assessment. It says the traffic flow has improved and that there should be less reason for any vehicles to use the lane as a short cut as there was when previous traffic congestion was greater.
7. The Council advised Mr X that speed limits and vehicle restrictions should be presented to his local parish council for wider local opinion, and it would then consider any approaches. All such restrictions would require the introduction of a traffic regulation order which is the legal procedure for changing highway features and local restrictions.
8. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions.

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Final decision

9. We will not investigate this complaint about the Council’s highway improvements to a roundabout and speed limits near Mr X’s home. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman