The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about noise from nearby traffic and the Council’s decision not to install fixed speed cameras. There is not enough evidence of fault in how the Council made its decision to justify an investigation.
The complaint
Mr X complains about the Council’s decision not to install speed cameras near his home or investigate the noise from the nearby traffic. Mr X says the noise is excessive and amounts to antisocial behaviour. He says the Council should introduce speed controls and take action against modified vehicles which produce excessive noise.
The Ombudsman’s role and powers
We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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
Mr X asked the Council to consider installing speed cameras on a road near his home in 2023. The Council refused and Mr X complained. He said noise from the speeding traffic was excessive. The Council explained collision data from the road did not meet the criteria for fixed safety cameras. It said it had also carried out a 7-day speed survey and average speeds were below the speed limit. It gave Mr X information about how his parish council could explore alternative speed mitigations and suggested he contact them.
We will not investigate this complaint. The Council has considered collision date against its own criteria and decided not to install fixed speed cameras. This is a decision the Council is entitled to make and there is not enough evidence of fault in how it was made to justify an investigation.
Mr X says the Council should investigate noise from the traffic. The Council has carried out a speed survey and found average speeds under the speed limit. The Environmental Protection Act 1990 specifically excludes noise from general traffic as being classed a statutory nuisance. There is no evidence to suggest the noise from the traffic is excessive and the Council is entitled to decide not to investigate the matter further.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman