Summary: We will not investigate this complaint about a Temporary Traffic Regulation Order Mrs X says discriminates against young people with disabilities. This is because we are unlikely to find fault with the Council’s decision-making process and only the courts can determine if the Council complied with its legal obligations.

The complaint

1. Mrs X complained that the Council’s Temporary Traffic Regulation Order (TTRO) was discriminatory against students with disabilities. She said she the Council failed to consider the TTRO’s impacts on this group of people and so failed to meet its duties under the Equality Act 2010. She wanted the Council to acknowledge it had failed in its duty, and to make procedural improvements.

Back to top

The Ombudsman’s role and powers

2. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

6. I considered information provided by Mrs X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council made a TTRO to allow for roadworks to take place in June 2025. The TTRO allowed public buses to take the usual route, whilst other traffic was diverted.
9. Mrs X complained the TTRO indirectly discriminated against pupils with disabilities who were unable to take public buses as the diversion could make them late for their exams. She said the Council did not consider the TTRO’s impact on such pupils and, so, the Council had failed to meet its Public Sector Equality Duty and was in breach of the Equality Act 2010.
10. In its complaint response the Council explained what considerations it had given to its Public Sector Equality Duty and why it believed that it had complied with the Equality Act 2010. It is not for us to question the Council’s position on these points as they are matters of professional judgement and only the courts can decide if the Council did enough to comply with the law. We can only look at whether the Council properly considered its duties and the evidence suggests it did. It is therefore unlikely we would find fault by the Council on this point.
11. Mrs X also says the Council did not consult with disabled pupils as it should have and that it could not therefore make any adjustments to support those affected. But any claim that the Council failed to consult those affected by the TTRO as part of the formal process for making the TTRO is a matter for the courts. The TTRO itself was open to challenge in the event the Council did not carry out the formal consultation required, and the courts had the power to quash the TTRO, which we cannot. Mrs X is concerned about what may happen in the future, but she does not claim any direct or significant injustice from the Council’s actions and any future TTROs would also carry a right of challenge to the High Court if the Council does not carry out the formal consultation required by law.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because we are unlikely to find fault by the Council. We cannot decide whether the decision complied with law, as only the courts can determine this.

Back to top

Investigator's decision on behalf of the Ombudsman