Summary: We will not investigate this complaint about the Council’s decision not to undertake highway improvement works along the stretch of road alongside Mr X’s house. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says in deciding not to take action to address the speeding taking place along his road, the Council has not visited the stretch of road in question and has relied only on crash data.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about vehicles speeding along the stretch of road by his home, seeking the implementation of measures to reduce speeding.
7. The Council explained it receives many requests for highway improvements and that it uses an evidence-based approach in deciding what highway improvement projects to undertake. It confirmed it had looked at crash data and found no pattern of personal injury at the site and that implementing improvements at crash hotspots was its priority. It told Mr X it had no current plans to undertake work at the site but that it would continue to monitor it.
8. It also advised Mr X that he could consider contacting the parish council or County Member because the Council worked with them to ensure a community voice in helping to fund improvements which do not achieve sufficient priority though its countywide assessments.
9. It is not our role to act as a point of appeal against decisions councils have made. We cannot question the decisions taken by the Council if it has followed the right steps and considered the relevant evidence and information. While Mr X may be disappointed with the Council’s response, there is no evidence to suggest fault by the Council.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman