Summary: We will not investigate this complaint about the Council’s decision to introduce a temporary congestion charge. This is because there is not enough evident of fault to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision to introduce a temporary congestion charge. He says the decision ignores the views of the public who voted overwhelmingly against the scheme. He wants the Council to reverse its decision.

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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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council held a public consultation on the proposed congestion charge before deciding to introduce it. Whilst the Council can use the public consultation to inform its decision, it is not bound by its results.
7. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in the way a council reached a decision, we cannot question it or say the outcome should have been different.
8. The Council has explained the reasons for its decision to proceed with the congestion charge scheme, and we have seen no evidence of fault in the way it made its decision. We will not investigate this complaint.

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Final decision

We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman