Summary: We will not investigate this complaint about a request for additional parking regulations. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to introduce additional parking restrictions to prevent vehicles damaging the highway verge due to inconsiderate parking. He says he has had to repair the verge on a number of occasions because parking has encouraged vehicles to drive on the grass.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X asked the Council to introduce yellow line parking restrictions outside his home to prevent vehicles from damaging the grass verge. The Council carried out local consultation as part of the procedure for amending a traffic regulation order to include proposed new restrictions.
6. The local residents overwhelmingly objected to the proposals and so the Council decided not to introduce any further parking restrictions. It advised Mr X to keep the highway authority informed about damage to the verge because it is part of the adopted highway and the responsibility of the Council to maintain.
7. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

8. We will not investigate this complaint about a request for additional parking regulations. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman