Summary: The Ombudsman will not investigate this complaint about a Temporary Traffic Regulation Order which, for a temporary period, means the complainant cannot park on the path outside her home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that the Council has imposed a Temporary Traffic Regulation Order (TTRO) which prevents her from parking outside her home. Mrs X says people will not be able to visit. She wants the Council to provide alternative parking for her family.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the law relating to TTROs. I invited Mrs X to comment on a draft of this decision.

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What I found

Highway code

4. The highway code says people should not park on the pavement unless signs permit pavement parking. The code says pavement parking can be inconvenient for pedestrians and create obstructions.

Temporary Traffic Regulation Order

5. The Council is not required to carry out a consultation before implementing a TTRO. It can create a TTRO to enable works to take place along or near the highway. A TTRO cannot last for more than 18 months and the Council must give seven days notice of its intention to create a TTRO. A TTRO can be used to implement temporary parking restrictions.

What happened

6. The Council is doing road improvements along Mrs X’s road. As part of the project it implemented a TTRO creating double yellow lines and preventing pavement parking. I have not seen anything to suggest pavement parking is permitted but Mrs X says residents have parked on the pavement for 40 years.
7. Mrs X says the Council only gave three weeks notice of the TTRO. She says her family will be unable to park, people will not be able to visit and a relative will have to sell his car. Mrs X, and other properties in the street, have off- street parking linked to their homes. The off-street parking is not affected by the TTRO.
8. In response to her complaint the Council explained it needed to impose parking restrictions so that the contractors could work safely on the road improvements and pedestrians could walk along the path without having to avoid parked cars or step into the road. The Council said that, due to social distancing, it was especially important to maintain a clear path. The Council explained the restrictions would be in place for no longer than 18 months and might be lifted sooner if the work ended earlier than anticipated. The Council explained there were no loading restrictions and Mrs X would need to manage her parking needs by using her off-street parking. The Council said it was not required to consult and it pointed out that parking on the pavement should be avoided.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council.
10. The law allows a council to create a TTRO to enable road works to be carried out. A TTRO can be used to create temporary parking restrictions. There is no requirement for a council to carry out a consultation and no requirement for a council to make alternative parking arrangements. There is nothing to suggest the Council has breached the legal requirements. In addition, the Council has explained why it has implemented a TTRO and explained it will only be in force while the work is on-going.
11. I appreciate Mrs X finds the new arrangements inconvenient but they are temporary and, as there is no suggestion of fault, there is no reason for the Ombudsman to intervene. The Ombudsman does not act as an appeal body. He cannot intervene simply because a council does something that someone disagrees with.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman