Essex County Council (25 022 160)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 07 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s decision to implement an experimental traffic regulation order. There is no evidence of Miss X suffering a significant enough injustice to warrant an investigation by the Ombudsman.
The complaint
- Miss X complained the Council implemented an experimental traffic regulation order (ETRO) without conducting a public consultation about it.
- Miss X said this had an impact on her ability to freely enjoy her local area.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X said the Council implemented an ETRO but did not conduct a public consultation about it. Miss X said because of the ETRO, she will have to use busier, more congested roads.
- The order is still in the ‘experimental’ phase, and the Council has not made a final decision about it. The Council said Miss X can comment on the order while it is in use.
- Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
- There is no evidence of Miss X suffering an injustice which would meet the threshold for our involvement. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Miss X’s complaint because there is no evidence she has suffered a significant enough injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman