The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s failure to introduce traffic calming and a speed limit following an increase in traffic in Mr X’s road since 2015. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about the Council’s failure to help residents on his road since a change in traffic management in 2015 led to increased traffic movements. He says the traffic is damaging the road surface and properties, including his own, from cracking due to vibration. He wants the Council introduce traffic calming and a 20mph speed limit.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says traffic has increased considerably since traffic signals were introduced in 2015 turning his residential road into a main road. Pollution and vibration have affected residents and he has been trying to persuade the Council to reduce the speed limit from 30mph to 20 mph along with some form of traffic calming.
The Council has undertaken two traffic surveys in 2014 and 2021 and it has advised Mr X that it does not consider the road meets the criteria for additional traffic calming or a speed reduction.
We do not normally investigate complaints about matters which the complainant has been aware of for more than 12 months before complaining to us. This restriction applies to Mr X’s complaint. We will not exercise discretion to investigate it now because the Council advised him to complain to us more than 12 months ago and there is no evidence to suggest that Mr X could not have complained to us sooner
Final decision
We will not exercise discretion to investigate this complaint about the Council’s failure to introduce traffic calming and a speed limit following an increase in traffic in Mr X’s road since 2015. This was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman