Summary: We will not investigate this complaint about the Council’s traffic control plans for the area in which Mr X lives. 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, complains about Council proposals for traffic control in the area close to his home. He says he is unable to enjoy free movement along the highway due to congestion caused by school and local buses and he believes the Council should move the location of the main bus stop terminus.

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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’. 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 and the Council, including its response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council consulted local residents about its proposals for changes to traffic management in the area in which Mr X lives.
7. Mr X made known his objections to the proposals and put forward his own views about what changes he thought should take place.
8. In response to Mr X’s complaint about its handling of matters, the Council confirmed the details of its advertising and consultation exercise and while it acknowledged Mr X did not agree with the proposals, it confirmed his views would be included in the report prepared for the Cabinet meeting where the proposals would be considered.
9. It is not our role to act as a point of appeal and replace our decisions with those made by the Council. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. In this case, the Council consulted on its proposals, considered Mr X’s objections and engaged with him, having a number of discussions about what was being proposed.
10. In accordance with normal procedures the completed designs have now been subject to a Road Safety Assessment and formal consultation will take place for the proposed Traffic Regulation Order. I have seen no evidence to suggest fault by the Council in its handling of these matters.

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Final decision

11. 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