Summary: We will not investigate Mr X’s complaint about the Council’s response to his concerns about traffic safety risks on his road. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to properly investigate his complaint or implement appropriate traffic safety measures on his road. He says the lack of appropriate action is putting him and other residents at increased risk. He wants the Council to conduct a site-specific safety investigation and implement measures to reduce the safety risks.

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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 what measures it had taken to reduce the immediate increased risks, caused by temporary roadworks in the area and additional traffic diverting along Mr X’s road. It also explained that it was aware of longer-term concerns re: traffic volume and traffic speeds on the road. It said it was currently considering options for traffic calming measures and was working towards determining a proposal.
7. We will not investigate this complaint. Although Mr X may not agree with the Council’s decisions and may want it to do more, the Council has explained what actions it has taken and the reasons for its decisions. We could not require the Council to take further action or conduct further site-specific investigations, these are decisions for the Council to determine. There is insufficient evidence of fault in how the Council has considered the matter to warrant an investigation.
8. We will also not investigate the Council’s complaints handling. Although Mr X considers the Council narrowed the scope of his complaint, I am satisfied the Council has responded to his main points and appropriately considered his concerns. There is insufficient evidence of fault to warrant an investigation.

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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