The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of his reports of speeding buses. This is because the Council has undertaken a study to determine what it should do about the issue and it is unlikely investigation would achieve anything more for Mr X.
The complaint
Mr X complains the Council has failed to take action to stop buses from speeding along his road, causing damage to his property and impacting his mental health.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is not responsible for enforcing speed limits or for the actions of speeding motorists themselves. We cannot therefore hold it responsible for the injustice Mr X claims.
While the Council has the power to install traffic calming measures, which Mr X has requested on several occasions, there is no absolute duty for it to do so. There is also no guarantee that any such measures would resolve the issues Mr X complains about.
The Council has now undertaken a feasibility study and is in the process of finalising its recommendations. In the event it decides traffic calming measures are needed to slow down traffic it will consider what measures are suitable. It will then have to consult with residents before implementing them.
It is not for us to decide what the Council must do about the road and we cannot say it should not consult residents on its findings before making any final decision. It is therefore unlikely we could achieve any worthwhile outcome for Mr X by investigating at this time.
Final decision
We will not investigate this complaint. This is because it is unlikely we could achieve anything more for Mr X by investigating the complaint.
Investigator's decision on behalf of the Ombudsman