Lincolnshire County Council (23 018 939)
Category : Transport and highways > Traffic management
Decision : Upheld
Decision date : 29 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the actions of a member of staff and failure to provide information. The Council has apologised for the actions of the staff member and provided the information sought. We therefore consider the tests set out in are Assessment Code which establish what complaints we investigate are not met.
The complaint
- Mr X complains a member of staff was rude to him and had failed to meeting service standards. He also complains the Council failed to provide information he had asked for.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council wrote to Mr X and apologised for the actions of the member of staff. They confirmed the actions did not meet the expected service standards and confirmed training and personal management will be undertaken.
- Mr X also wants to know whether the Council evaluated a speed limit review based on a request of a 30 miles per hour (mph) limit which he had not asked for.
- The Council confirms it assessed the speed limit on a section of road adjacent to Mr X’s property. It confirms this did not take into account the staggered junction or the new 50mph limit on the nearby main road as these would be irrelevant in terms of the criteria. The criteria applied to this section are available publicly within Lincolnshire County Council’s Speed Limit Policy entitled “Speed limit policy - Policies, strategies and plans – Lincolnshire County Council” which is available on the Council’s website.
Final decision
- We will not investigate Mr X’s complaint because:
- the Council has apologised for the poor service he received and confirmed training will take place; and
- it has provided the information he is seeking; full details of the speed limit criteria are publicly available.
We consider further investigation will not lead to a different outcome. Therefore, the tests set out in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman