Summary: We will not investigate this complaint about the Council’s decision to impose speed restrictions on roads in Mr X’s locale. This is because we are unlikely to find evidence to fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council disregarded his objections which he based on Government guidance when it decided to set proposals to reduce speeds on various roads in his locale. He says the concerns he raised were material and the Council should remove speed limits.

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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 how the organisation made its decision, 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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.

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My assessment

6. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. The Council considered Mr X’s objections, along with the other representations it received, in coming to its decision. While Mr X may not agree with the decision, there is no evidence to suggest fault affected it.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence to fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman