Summary: We will not exercise discretion to investigate this complaint about the Council’s introduction of speed limits and traffic regulations in 2019. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s introduction of speed limits in 2019. He says this left some sections of road with 50mph limits which he believes creates hazards at certain locations. He asked the Council to restrict these areas and provide additional signage in 2022. The Council rejected his views stating that there was no justification for a further traffic regulation order at present.

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The Ombudsman’s role and powers

2. 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 a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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
• any fault has not caused injustice to the person who complained, or

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council introduced 40mph speed limits in 2019 which also left 50mph limits on some roads. He says this has impacted safety on roads adjoining the main roads and should have been properly considered when the traffic order introducing the scheme was drawn up. He raised this matter with the Council in 2022 and is dissatisfied with the response. The Council highway authority told him that it will not introduce any further restricts at present because there is insufficient evidence of injury accidents at these locations and it does not warrant the expense of a further order.
7. The speed limits have been in force for three years and Mr X had an opportunity to raise his complaint with the Council and the Ombudsman more than 12-months ago. We will not exercise discretion to investigate the matter now, there is no evidence to suggest that he could not have complained to us sooner.
8. In this case it is unlikely that we would have investigated had Mr X complained within 12 months because there is insufficient evidence of any significant personal injustice to him caused by the 2019 speed limit order.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s introduction of speed limits and traffic regulations in 2019. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman