London Borough of Waltham Forest (24 004 586)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 05 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a speed table because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, Mr X, complains about a speed table near his home which he says causes his property to shake and vibrate. He says the table is damaging his home and affecting his mental health. Mr X wants the Council to remove the table and fine speeding drivers.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
- Mr X lives near a speed table. He says it causes radiators and his home to shake and vibrate; he says the shaking and vibrations are affecting his mental health.
- Mr X reported his concerns to the Council. Engineers visited the site and assessed the speed table; they found no defects which could cause vibrations. The Council explained it installed the table due to the number of road collisions and to improve road safety. It said there had been a period of notifications and consultation before the table was installed. The Council also explained it built the table in accordance with the regulations and research by the Department for Transport had not found any link between speed tables and damage to property.
- The Council suggested Mr X ask a surveyor or plumber to determine the cause of the vibrations. The Council said it would not remove the table based on his perception of the cause of the shaking, and without there being any evidence to show the speed table is causing the vibrations. The Council said Mr X could report speeding to the police.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded correctly by arranging for an engineer to inspect the table, explaining the reasons for the traffic calming and saying the table has been constructed in accordance with regulations. Mr X has not provided any evidence, in the form of a professional report, stating the table is causing the shaking, so I would not expect the Council to take any further action.
- We have no power to ask the Council to remove the speed table and, again, as there is no evidence the table is the cause of the problem, there are no grounds for us to pursue the matter further.
- If Mr X gets a professional report which says the speed table is causing problems to his property, he could present that evidence to the Council.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman