The Ombudsman's final decision
Summary: We will not investigate this complaint about traffic management. There is not enough evidence of administrative fault to justify an investigation.
The complaint
The complainant, I shall call Mr X, says the Council is failing to provide a safe environmentally friendly traffic management system to protect residents from increasing traffic levels.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
In his complaint to us, Mr X says the Council has probably followed protocol. And has correctly followed policies and procedures. But this does not mean the Council made decisions which are in the best interests of residents.
Our role is primarily to look at the way the Council carries out its administrative functions – not to look at its spending priorities or policy decisions. These are a matter for the electorate rather than the Ombudsman. We consider the way councils make decisions. Without fault in its processes, we cannot question the merits of its decisions.
The Council must develop a strategy that is consistent with national legislation and local policies but, within that framework, is free to set its own priorities.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of administrative fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman