Summary: We will not investigate this complaint about the Council’s handling of Mr X’s road safety concerns. There is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained the Council have not taken appropriate action to ensure safety on a road where he has concerns about speeding drivers.
2. Mr X said this causes significant anxiety and concern when family members must walk on the road frequently.

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The Ombudsman’s role and powers

3. 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. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Council have not taken appropriate action to ensure safety on a road where he has concerns about speeding drivers. Mr X said the Council have not specifically considered the stretch of road which he has cause for concern about.
7. The Council said it carried out a speed survey on a stretch of the road, only a short distance away. It said the results did not meet the threshold for enforcement of the speed limit to be considered by the Police.
8. Although Mr X requested the Council carry out an additional speed survey on the stretch of road he has concerns about, the Council said it will not. It said based on previous experience; there is unlikely to be much variance between vehicle speeds given the short distance between the two parts of the road.
9. Based on the available evidence, it would appear the Council have made all appropriate considerations when deciding not to carry out another speed survey. There is not enough evidence of fault by the Council to warrant an Ombudsman investigation and therefore we will not investigate this complaint.
10. In any case, we could not give a direction to the Council about how or where it should carry out a speed survey.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman