Swindon Borough Council (22 010 601)

Category : Transport and highways > Highway adoption

Decision : Closed after initial enquiries

Decision date : 04 Nov 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council introducing a new traffic layout. There is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Mr X complained about the Council’s introduction of new traffic signals and junction layout on a busy road. He says the current layout offers no filter signal for turning traffic and presents a hazard which has resulted in accidents. He wants the Council to reconfigure the junction layout.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says after an extended period of works the Council completed a new junction layout on a main road in his area which he says has resulted in a traffic hazard for motorists turning right at a junction. He wants the Council to revise the signals and layout to prevent further accidents occurring.
  2. The Council told him that the junction design is similar to other layouts within the borough and that it is a nationally accepted design. Some of the incidents have been caused by driver error because they did not adhere to the signage and highway regulations.
  3. The Council says that it has noted Mr X’s comments and that a Road safety Audit will take place once all the information for a year’s operation has been collated. This is due for completion in April 2023. If improvements are identified they may be subsequently introduced by the highway authority.
  4. 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. The road layout was subject to a Traffic Order and approved as it follows national guidance on traffic layouts. The Council may revise the scheme if it considers there are good reasons to do so.

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Final decision

  1. We will not investigate this complaint about the Council introducing a new traffic layout. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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