The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision regarding traffic calming measures. This is because the Council’s actions have not caused Mr X an injustice. We will also not investigate Mr X’s complaint that the Council has not repaired the road. This is because he has the right to take this matter to court. We will not investigate Mr X’s complaint that the Council did not provide him with information he requested. This is because he can submit a complaint to the Information Commissioner’s Office.
The complaint
Mr X complains the Council: Failed to address his complaint about speeding on a street in its area.
Provided out of date rationale as to why no traffic calming measures would be implemented.
Responded with inaccurate information regarding checks undertaken of potholes.
Did not provide him with information under a Freedom of Information request.
Mr X wishes for the Council to implement traffic calming measures on the street.
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: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) The Information Commissioner's Office (ICO) considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X told the Council that a road in its area is dangerous due to speeding cars. He asked the Council to install traffic calming measures. The Council said the road did not meet the criteria for new traffic calming measures. Mr X disagrees with the Council’s decision.
Mr X has not suffered an injustice as a result of the Council’s actions. He is acting as a concerned citizen about the potential for future harm. As the complaint is not about an injustice Mr X suffered we will not investigate this complaint.
We can investigate complaints where there is a wider public interest. However, there is no evidence of significant incidents on the road and so there is no evidence that this matter affects a wide range of people. Therefore, we will not investigate this complaint.
Mr X says there are potholes on the road and the Council has not repaired them. The Council said it conducted checks and has not found potholes that meet its criteria for action. Mr X has a right to apply to the Magistrate’s Court for an order instructing the Council to complete the work. It is reasonable for Mr X to do so. Therefore, we will not investigate this complaint.
Mr X submitted a Freedom of Information request about how the Council decided to implement traffic calming on other streets. The Council said it would not provide this information due to the costs involved. Mr X can submit this complaint to the ICO as the ICO are better suited to address this type of complaint.
Final decision
We will not investigate Mr X’s complaint because he has not been caused an injustice as a result of the actions of the Council. Mr X can apply to the Magistrate’s Court if he thinks the Council should repair the road damage. Mr X can complain to the ICO about the Council’s refusal to provide him with the information he requested.
Investigator's decision on behalf of the Ombudsman