Summary: We will not investigate this complaint about the Council’s handling of Mr X’s requests for restrictions for access to his road by heavy goods vehicles. This is because there is not enough evidence of fault by the Council and it is unlikely we could add to its response to Mr X’s complaint.

The complaint

1. Mr X complains the Council has not done enough investigate his suggestions to restrict access to his road for heavy good vehicles (HGVs) from a nearby junction. He says the numbers of HGVs using the road has increased significantly and they impact on the use and enjoyment of his property.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. The Council has powers to change or improve road layouts and to introduce restrictions on certain kinds of traffic but the law places no duty on it to use them.
5. Mr X believes the Council should introduce restrictions to reduce the number of HGVs using his road but the Council does not consider such restrictions necessary.
6. Mr X is unhappy with the way the Council reached its view and believes it should carry out surveys and assessments to inform its decision. But the Council does not consider it a good use of its limited funds to carry out any further research into the matter and this is a decision it is entitled to make.
7. The Council’s Stage 2 complaint response addresses the points Mr X raised and it is unlikely further investigation would lead to a different outcome.

Back to top

Final decision

8. We will not investigate this complaint. This is because the Council is under no obligation to introduce the restrictions Mr X wants and is entitled to decline to conduct surveys and assessments to consider the matter further. There is not enough evidence of fault in its approach to the issue to warrant investigation and it is unlikely investigation would achieve any worthwhile outcome for Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman