Warwickshire County Council (25 011 001)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 29 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about traffic management. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. In any case, there is no worthwhile outcome achievable by our investigation.
The complaint
- Mr X complained about poor traffic management in his local area, which he said the Council have not resolved.
- Mr X said the traffic issues risk the safety of residents and affects the enjoyment of their homes.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
- 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:
- we cannot achieve the outcome someone wants, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X first complained to the Council about traffic issues in the area in April 2023.
- In September 2024, residents formed a resident group with the aim of tackling the traffic issues. Mr X chairs the group and he brought the complaint to us on behalf of the it.
- As outlined in paragraph four, we cannot investigate late complaints where a person has taken more than 12 months to complain to us. Mr X complained to us in August 2025, and I have seen no good reasons the complaint could not have been brought to us sooner.
- While I acknowledge the resident group was set up in September 2024, the available evidence shows Mr X had been in contact with the Council about the issue since April 2023. Also that the other residents would have had sight of the issues complained about, for more than 12 months before the complaint was made to us. Therefore, we will not investigate this complaint.
- In any case, even if we were to investigate there would likely be no worthwhile outcome achievable and we cannot achieve the outcome sought by Mr X and the group.
- Mr X and the group have already been engaging with local councillors to find a resolution. They have discussed various proposals.
- Mr X seeks for the Council to fund independent traffic reports and infrastructure changes. The Ombudsman would not be able to achieve these outcomes.
- Our role is to investigate complaints where fault has caused injustice and where we can realistically achieve a meaningful remedy, to put the person back in the position where they would have been, if but for the fault alleged. This would not be possible here. The outcomes sought go beyond what we can achieve.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are no good reasons for us to consider it now and there would be no worthwhile outcome achievable by our involvement.
Investigator's decision on behalf of the Ombudsman