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 justify our involvement.

The complaint

1. Mr X complains the Council has failed to properly investigate and address road safety risks on a road near his home. He believes the Council has given him inaccurate information about the casualty history on the road and refused to carry out speed and traffic surveys to assess the risk. He wants the Council to acknowledge its failure and to properly assess the risks on the road.

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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. (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)

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How I considered this complaint

4. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council has not taken appropriate action to ensure safety on a road near his home, where he has concerns about speeding drivers and injuries to pedestrians. Mr X said the Council’s data is inaccurate as there have been two recent injuries to pedestrians on the road.
6. The Council explained the collisions and injuries Mr X referred to were not recorded as caused by excess speed. The Council has also examined the other data it already holds for the road in terms of speed and traffic. The Council has decided further action is not necessary on this road because there is not enough evidence of the area being a collision or accident hot spot.
7. Although Mr X requested the Council carry out an additional speed survey on the road he has concerns about, the Council said it will not. It has explained it has limited financial resources and must use these on areas where there are evidenced safety concerns. The Council explained Mr X was welcome to commission a speed and traffic survey from it at his own cost if he wished.
8. 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.
9. 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

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to justify our involvement.

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Investigator's decision on behalf of the Ombudsman