The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council making a School Street traffic restriction near where the complainant lives, and its decision not to grant him an exemption permit. This is because there is not enough evidence of fault by the Council or significant injustice to the complainant which would warrant an investigation.
The complaint
The complainant, whom I refer to as Mr X, complains about the implementation of a School Street traffic restriction affecting the street where he lives. In his view, it has decreased his freedom. He is dissatisfied the Council will not give him an exemption permit and he wants the School Street removed.
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, or any injustice is not significant enough to justify our involvement. (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.
The complainant has had the opportunity to comment on my draft decision.
My assessment
The Council is implementing a School Streets traffic restriction scheme in some parts of the Borough. This aims to reduce traffic near schools for the safety and wellbeing of children and to reduce air and noise pollution for residents in the area. Mr X lives near a school which the Council identified as suitable for its scheme.
An Experimental Traffic Regulation Order was put in place at the end of Mr X’s road, temporarily imposing traffic and parking restrictions by making it a pedestrian and cycle zone only at specific times of the day, unless a vehicle has an exemption permit. It was introduced in September 2020 and, after consultation with residents and parents, the School Street was made permanent in November 2021.
Mr X’s complaint relates to receiving a letter informing residents of the installation of Automatic Number Plate Recognition camera enforcement at the School Street, enabling the issue of Fixed Penalty Notices for any contraventions.
It gave information about which residents were eligible to apply for an exemption permit, allowing specific vehicles entry and exit of the zone during the times of operation.
Mr X complained to the Council as he initially tried to apply but was later told that although his property is on the same street near the zone, it is not within it and therefore is not eligible.
The Council apologised for the confusion – only residents within the zone would be entitled to a permit. It had also issued letters to those living within a 250 metre radius of the school with information on the changes in the scheme, not to advise they were eligible for a permit.
We will not investigate this complaint. Whilst there was a lack of clarity in Council communication as to who was eligible for a permit, this was later clarified to Mr X. This does not constitute sufficient evidence of fault by the Council to justify our intervention. We recognise Mr X’s frustration at the restriction of movement; it is noted it is for specific times only and there are other exit routes out of his road. Therefore we do not believe there is sufficient injustice to warrant an investigation.
Final decision
We will not investigate this complaint. This is because there is an insufficient level of fault by the Council, or injustice to the complainant, to warrant our involvement.
Investigator's decision on behalf of the Ombudsman