Summary: Mr X complains about the Council’s decision to close the road he lives on for a sporting event as part of the Commonwealth Games which will impact onto his business. And in the way the Council consider Mr X’s request to make an exception to allow him to use the road on the day of the event. We have found no evidence of fault in the way the Council considered these matters so have completed our investigation.

The complaint

1. I have called the complainant Mr X. He complains about the Council’s decision to close the road he lives on for a sporting event as part of the Commonwealth Games being held in July 2022. Mr X says he needs to be able to leave the road on the day of the event to operate his business. Mr X says the Council has not communicated information about the road closure to residents it will affect.
2. Mr X asked the Council to make an exception to allow him to leave the road at 6.30 am but the Council refused. Mr X says he runs a small business and the Council’s refusal will cause him a loss of earnings he cannot afford. Mr X considers the Council has failed to consider the impact of the road closure on to local businesses. Mr X wants the Council to allow him to leave his property early on the day or to pay him compensation him for loss of earnings.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have read the papers submitted by Mr X and spoken to him about the complaint. I considered the Council’s comments about the complaint and the supporting documents it provided.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legal background

Road Traffic Regulation Act 1984

7. Section 14 of this act allows councils who are Local Highway Authorities to make temporary traffic regulation orders (TRO) to temporarily prevent or restrict traffic in specific situations.

Birmingham Commonwealth Games Act 2020

8. This act makes provision for the Commonwealth Games to be held in Birmingham in 2022. It provides the policy and powers for the Council to provide the Games. Part 4 refers to transport and includes temporary prohibition or restriction on roads. This establishes some additional grounds for making traffic orders linked to the Games.
9. There is no provision for statutory entitlement to compensation for losses from diversions or road closures through TROs to support road closures under the Road Traffic Regulation Act or the Birmingham Commonwealth Games Act 2020.
10. A Government standard note (SN/BT/200) sets out there is “no liability on the authority for any loss of business” resulting from a road closure.

What happened in this case

11. Mr X complained to the Council in March 2022 about the road closure. Mr X explained his need to be able to leave his property early in the morning and the Council’s failure to tell residents who will be affected.
12. The Council replied to Mr X’s complaint and explained the publicity carried out for the Commonwealth Games and the sporting event Mr X complained about. The Council considered Mr X’s request to leave his property on the day but refused it. The Council explained it was not possible to accommodate all special requests made when implementing a plan for a major sporting event. The event would begin shortly after Mr X’s requested time to exit his property, so it was not possible for him to do so.
13. The Council put the road closures in place to protect the integrity of the event and the safety and security of the event for athletes, spectators, staff, and the public. The Council appreciated the impact of the road closure on Mr X and his business. It hoped Mr X could make alternative arrangements for the day of the event.
14. Mr X says he was only aware of the sporting event in March 2022 when he complained to the Council. Mr X does not recall receiving Council information about the event or seeing the proposed road closure mentioned on the Council’s website.

The Council’s response to the complaint

15. The Council has provided additional information in response to Mr X’s complaint. It explains it has been promoting the Commonwealth Games for the past couple of years. It publicised the sporting event in October 2021, where it would take place and necessary road closures through media events and its website. The Council also did a ‘door drop’ leaflet to properties within a quarter mile of the event’s location. The leaflet contained information about the event including the date and map outlining the route of the event. The leaflet aimed to provide advanced notice and ensure as many people as possible were aware of the date, event and able to plan ahead.
16. Since March 2022 the Council has run a special Commonwealth Games ‘Get set for the Games’ readiness campaign. The campaign includes regular drop-in sessions for residents and businesses near to venues and road events. These are an opportunity for residents and businesses to find out more about the impact of events being held and activities around the city. The Council arranged extra events aimed at local businesses with webinars, meetings and briefings held and supported by the Chamber of Commerce and other organisations.
17. The Council recently published more detailed information about the sporting event on its Commonwealth Games website.
18. The Council plans further communications about the sporting event. These include a more detailed leaflet to properties on or near the event as a reminder. This will give people notice to consider what plans they may need to make for the day. The Council will place signs, notices, and digital messages at relevant points on access routes nearer the date of the event. It will also place leaflet on vehicles parked the roads involved for the event to remind people they cannot be parked there on the day of the event.
19. The Council confirms it has considered the impact onto local businesses as the Get set for the Games campaign was established in acknowledgement the road restrictions will impact on local businesses and residents. But it expects this event and others will encourage spectators to enjoy the Games and be of benefit to many local businesses. The timing of the event Mr X complains about is intended to keep road restrictions to a minimum and will be lifted as soon as possible after the event. The Council considers the event, other sporting events and the legacy of the Games to be of benefit to the city, residents, and business within it.

My assessment

20. The Council provided evidence it carried out extensive publicity for the Commonwealth Games and the sporting event Mr X complains about. It is unfortunate if Mr X cannot recall or did not receive the leaflet delivered to his property but there has been additional publicity about the forthcoming event in other ways. Even if Mr X has only been aware of the event from March 2022, the Council has ensured Mr X has been given plenty of time to make alternative arrangements. There is no evidence of fault to show the Council has failed to inform those affected about the event including Mr X.
21. The evidence shows the Council responded to Mr X’s request to make an exception to allow him to use the road on the day of the event. We cannot criticise the outcome of a council’s decision if it has been taken without fault. There is no evidence of fault in this case as it has fully considered Mr X’s request and concerns about the impact onto his business. The Council acknowledged Mr X’s concerns but refused the request to ensure the integrity and safety of the event. The decision is one the Council is entitled to make even though Mr X may disagree with it. The Council also has the statutory authority to close the road on a temporary basis for the event as confirmed by the Road Traffic Regulations Act 1984 and the Birmingham Commonwealth Games Act 2020.
22. The documents provided by the Council show it has considered the impact of road closures on local businesses during the Games. It set up the Get set for the Games campaign to acknowledge this. It has also provided opportunities for businesses to attend drop-in centres for information and to discuss any possible impacts.
23. I appreciate Mr X’s concerns about a possible loss of income on the day of the event. But the Council has no liability to pay him compensation because of a road closure. We can only recommend a financial remedy for a complainant if we find fault by a council. I have found no evidence of fault by the Council in this case.

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Final decision

24. I am completing my investigation. There is no evidence of fault by the Council in the way it has decided to close the road Mr X lives on for a sporting event as part of the Commonwealth Games. And in the way the Council has considered Mr X’s request to make an exception to allow him to use the road on the day of the event.

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Investigator's decision on behalf of the Ombudsman