The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to introduce a temporary speed restriction on a dual carriageway. Mr X has not suffered a significant personal injustice which would warrant our involvement.
The complaint
Mr X complained the Council introduced speed restrictions on a dual carriageway which were unnecessary. Mr X also said the Council did not properly respond to his complaint.
Mr X said this had caused his daily commute to take longer and increased traffic in the area.
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 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 complained the Council introduced speed restrictions on a dual carriageway.
In its complaint responses, the Council explained this was a safety measure because defects were present in the road.
We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the Council. To satisfy this threshold we would need to be satisfied a person has suffered serious loss, or harm, or distress directly because of the Council’s actions.
The available evidence does not suggest Mr X has suffered a significant enough personal injustice, which would meet the threshold for a full Ombudsman investigation. Therefore, we will not investigate this complaint.
As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.
Final decision
We will not investigate Mr X’s complaint because he has not suffered a significant personal injustice which would warrant our involvement.
Investigator's decision on behalf of the Ombudsman