Summary: We will not investigate Mr X’s complaint about a Council decision that it will not install traffic signals at a nearby junction. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to properly assess the risks or consider safety concerns before deciding it will not install traffic signals at a nearby road junction. He says this puts him and other residents using the junction at risk. He wants the Council to carry out further safety assessments and objectively assess the feasibility for traffic signals at the junction.

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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 Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint responses, the Council explained its decision not to undertake further assessments or install traffic signals at the junction. It said there had been no significant change in road infrastructure or traffic accident data to warrant a formal safety audit and no evidence that nearby housing developments were having a significant impact on existing roads. It said its position was that installing traffic signals at the junction was not proportionate to the current level of risk. It said it would continue to monitor the junction as part of its road network management responsibilities and would consider further action if necessary.
7. We will not investigate this complaint. Although I acknowledge that Mr X does not agree with the Council’s position, the Council has appropriately considered his complaint and explained the reasons for its decisions. There is insufficient evidence of fault to warrant an investigation.
8. Mr X also complains about the Council’s complaints handling. We will not investigate this. It is not a good use of our resources to consider complaints handling, where we decide not to investigate the substantive matter.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman