Summary: We will not investigate this complaint about traffic management. This is because there is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has not addressed traffic and parking issues outside his property and he is unhappy with its 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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X lives on a road which is partly unadopted. He wanted to obtain information about the unadopted part and was told by the Council to contact three different departments, but got no response.
7. Mr X complained about this and the traffic problems outside his home, which were causing him frustration and distress.
8. In the complaint response the Council said it was going to install double yellow lines to stop parents parking there, and the Parking Enforcement Team had been notified and would include the location in its patrol schedule. It had also put single yellow line restrictions in for the school drop off times, but said it would arrange for the restrictions to be amended in a future Traffic Regulation Order to include the times of the before and after school club.
9. The Council said it was unable to promote restrictions on the unadopted part of the road. That would be up to the landowners. It opened a legal case to establish ownership of the unadopted road, but Mr X would have to take further action with the landowners or school management.
10. We will not investigate this complaint as further investigation would be unlikely to find evidence of fault by the Council, nor can we achieve the outcome Mr X wants. We have no powers to compel the Council to take the action Mr X wants in adopting the unadopted highway or other solutions he put forward.
11. We will not investigate the complaint handling as it is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman