Summary: We will not investigate Mr X’s complaint about an experimental scheme introducing traffic restrictions near a school. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council failed to properly assess or monitor the impact of an Experimental Traffic Regulation Order (ETRO) aimed at reducing traffic on the streets near a school. He says the scheme is adversely impacting him and other local residents, increasing congestion on surrounding roads and causing safety concerns. He wants the Council to carry out more detailed and widespread monitoring of the impact of the scheme.

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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 acknowledged Mr X’s view that its assessment and monitoring activity was insufficient to fully capture the cumulative impact of the scheme on the wider area. However, it said it was satisfied its current approach was sufficient and did not uphold his complaint. It said it was continuing to monitor the scheme and evidence gathered would form part of the decision-making regarding the future of the scheme.
7. We will not investigate this complaint. It is for the Council to decide the scope for its assessment and monitoring of the scheme. We could not require the Council to carry out additional monitoring in the way that Mr X wants. Although I accept Mr X wants it to do more, there is insufficient evidence of fault in the Council’s actions to warrant an investigation.

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Final decision

8. 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