Summary: Mr X complains about the Council’s handling of the installation of speed bumps in his road and its response to his concerns about the noise they generate. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, says the Council did not inform stakeholders about the loud thuds which can be heard from rubber speed bumps before they were installed in his road. He says if the full facts had been revealed concerns would have been raised which would have led to a different scheme or type of speed bump.

Back to top

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, 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))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.
6. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

Back to top

My assessment

7. Following consultation with stakeholders and residents about traffic calming measures in Mr X’s road, the Council installed rubber speed bumps with one bump located close to his home.
8. Mr X complained to the Council about the loud noise generated by vehicles travelling over the bump which he finds very disturbing while in his home and said he and the others consulted should have been informed about this in advance of the decision being taken to install the bumps.
9. The Council explained that rubber speed bumps of the type used in Mr X’s road have been used at many locations in its area with relatively few complaints about noise and that the manufacturer had had a similar experience across the country. It said it had only received a report from one other resident about noise and said it was satisfied the correct procedures with regard to the implementation of the speed bumps had been followed. It did, however, offer Mr X a noise survey to assess the volume of sound generated by the bumps to decide if any further action should be taken besides the planned additional signage and lining for motorists to slow down.
10. Noise as an issue was raised during the consultation stage and related to vehicle noise as opposed to the bumps themselves. While Mr X is clearly affected by what he hears, I do not consider there is evidence to suggest fault affected the Council’s decision on the scheme it introduced. It was not aware of any particular problems with the rubber speed bumps and it has said it is not aware of any evidence to suggest they are more problematic than those made of other materials.
11. The Council has offered to carry out noise monitoring and to act if it is able. While to date Mr X has declined this offer, it is open to him to accept it so the Council can assess the level and type of noise produced by the bumps.
12. In responding to my draft decision Mr X says the Council should have made known that the situation in his road (tall buildings in a narrow street) made the rubber speed bumps unsuitable. However, it was not aware these particular circumstances would have the effect Mr X describes. It has offered to carry out sound monitoring and while Mr X may not wish to pursue this course of action, others who he says are also affected can involve themselves and contact the Council.

Back to top

Final decision

13. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman