Hertfordshire County Council (23 009 093)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 16 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of traffic management issues. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.
The complaint
- Mrs X complains about the Council’s poor handling of traffic management issues. She says the Council should do more to prevent a potentially dangerous situation.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide:
- 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), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X wrote to the Council about the damage and potential danger caused by large vehicles driving at high speeds along the road she lives on. The complaint was also raised by Mrs X’s MP, on her behalf. The Council responded to the MP in July 2022 but did not respond direct to Mrs X; it has apologised for this failure. It is too late to investigate the complaint and response provided then.
- However, Mrs X wrote to the Council again in September 2023, raising concerns that the issues are still ongoing.
- The Council has provided a reasoned response, with reference to its powers in this situation. It explained new processes take time to implement. The Council is working together with the local parish council and local MP, considering a Traffic Order, and has agreed to install new signs.
- Although Mrs X does not believe the Council’s actions go far enough to address the problem, it is unlikely we would achieve more than the Council has proposed here if we were to investigate.
Final decision
- We will not investigate Mrs X’s complaint because an investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman