The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council is using the wrong tool to assess road safety. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council is using the wrong tool to assess road safety, especially outside schools.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council is using the wrong tool to assess road safety outside schools. Mr X thinks the Council should use an alternative methodology.
The Road Traffic Act 1988 states that 'a local authority must prepare and carry out a programme of measures designed to promote road safety.' It does not prescribe any specific assessment tool or methodology that authorities must use when evaluating pedestrian crossing needs.
The Council says it uses a nationally recognised tool developed by the Royal Society for the Prevention of Accidents (RoSPA) and Road Safety GB to assist local authorities in prioritising requests for School Crossing Patrols and other safety measures.
The Council is using a nationally recognised tool to assess road safety. There is not sufficient evidence of fault in how the Council decided to use its chosen tool to assess road safety to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint the Council is using incorrect methodology to assess road safety. There is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman