Summary: We will not investigate this complaint about traffic management because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council has failed to act to reduce fumes and noise from the road Mr Y lives on due to excessive traffic or stop people parking along the road which Mr Y says causes a safety hazard.
2. Mr Y says the extra noise and fumes are affecting his health.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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:

• 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), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y complained to the Council in May 2024. The Council’s complaint response confirms it has investigated an issue relating to planning enforcement of a local industrial site which may have led to more traffic, including buses, using the public road Mr Y lives on. It said it would continue enforcement action if necessary. It also says the Council has, coincidental to Mr Y’s complaint, been consulting on parking restrictions in his area. It denied fault.
7. The Council has considered the issue and has acted to investigate the matter relating to planning enforcement and is considering its current consultation into parking restrictions in Mr Y’s area. As these are the steps we may ask it to consider taking if we were to investigate a complaint and find fault, further investigation is unlikely to lead to a different outcome and we could not add to any previous investigation completed by the Council. It is for the Council to now consider whether or not to introduce parking restrictions or not, using its professional judgement.
8. Further, as the Council has properly considered the issue Mr Y has complained about and is acting, where it is able to, on the reports Mr Y has made, there is not enough evidence of fault to justify investigating.

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Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman