Summary: We will not investigate Mrs T’s complaint about road traffic data. This is because there is not sufficient injustice to warrant an investigation.

The complaint

1. Mrs T complains the Council changed how it reported traffic flow data when it presented a report to TfL. She says this under represented the amount of through traffic in the area and the problems that residents experience. Mrs T also complains of poor complaint handling.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs T and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs T complained to the Council about the traffic flow data it provided to TfL to inform decisions affecting her neighborhood. She said that the Council’s data under represented the through traffic in her area and the problems that residents experience. She said that TfL used inaccurate data to make decisions affecting residents.
6. The Council explained to Mrs T why it refined its reporting of traffic flow data to TfL. The Council chose not to treat Mrs T’s communication about this issue as a complaint. Instead, the Council shared Mrs T’s views about the change in traffic data reporting with the Highways Team, who noted her feedback and comments.
7. We cannot determine if TfL’s use of the Council’s traffic data directly caused any injustice to Mrs T. If Mrs T believes that TfL made an error in their decision making which directly impacts her, she can complain directly to TfL.
8. We will not investigate Mrs T’s complaint about road traffic data which the Council presented to TfL. This is because there is not sufficient injustice arising from the Council’s decision to warrant an investigation.
9. We will also not investigate how the Council dealt with Mrs T’s complaint because it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

10. We will not investigate Mrs T’s complaint. There is not sufficient injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman