The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council introducing speed restrictions and traffic calming on the street where Ms X lives. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Ms X complained about the Council creating a 20mph zone in her area. She says the consultation was undemocratic and it has resulted in a speed hump being built near her home which causes noise and vibration from traffic which frequently breaks the new limit.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council introduced a 20mph speed restriction in her area following public consultation which was undemocratic in its results. She says the Council counted neutral and non-responsive residents as being in favour of the scheme when the comments were 112 against the scheme and only 103 in favour without the addition.
The Council told Ms X that the consultation was not a referendum and that although comments were sought from residents, the scheme was introduced as it was considered beneficial for traffic management and road safety for the area as a whole. The speed hump which Ms X has complained about was one of the traffic calming features included in the Traffic Management Order layout and it meets the specifications required by legislation.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. In this case there is no evidence to suggest the requirements of Road Traffic Regulation Act 1984 were not followed by the Council in its role as highway authority.
Whilst the highway authority is responsible for introducing new speed restrictions, it has no powers to enforce the speed limit as this is the role of the Police.
Final decision
We will not investigate this complaint about the Council introducing speed restrictions and traffic calming on the street where Ms X lives. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman