Summary: We will not investigate this complaint about the design of a cycle lane scheme because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains about the layout of a cycle scheme. She wants the Council to change the layout or remove the markings which segregate the lanes.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X. This includes the complaint correspondence. I also looked at images of the road and considered our Assessment Code.

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My assessment

4. Mrs X made many complaints to the Council about the layout of a revised cycle scheme. Her main concern is that the footpath is next to the road with the cycle path being furthest from the road on the far left of the highway. Mrs X thinks the layout is dangerous. She wants the Council to move the cycle path so it is next to the road or remove the markings so people can choose where to walk or cycle.
5. The Council addressed Mrs X’s questions and concerns. It explained the scheme is compliant with the rules but had to deviate from some of the usual design features, in some locations, due to the physical conditions. For example, physical constraints meant the Council had to reduce the width of some parking bays. It explained the scheme satisfied safety audits and was approved by Active Travel England (a government agency that gives guidance on walking and cycling). The Council explained the design aimed to reduce potential safety risks for all road users.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council addressed Mrs X’s concerns and explained the layout meets the requirements, safety audits and guidance. I appreciate Mrs X thinks the layout is dangerous, and wants the Council to make changes, but that disagreement does not mean the Council has done anything. It is not wrong the Council to rely on the advice of traffic engineers, safety audits and guidance from an external body, and it is not our role to say those sources are wrong. We cannot decide if the layout is unsafe and we cannot tell the Council to change the design. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

7. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman