Summary: We will not investigate this complaint about the lack of consultation by the Council before it installed traffic restrictions outside Mr X’s home. We do not consider Mr X has suffered enough personal injustice to justify an investigation.

The complaint

1. Mr X complains the Council implemented a 24-hour highway restriction outside his home without statutory consultation. He also says he wasted time pursuing the complaint.
2. He says this took away his right to be consulted on major highway changes outside his home. He also says he can no longer safely receive goods deliveries, and visitors (including family members who require unloading space for mobility access) as they can no longer legally stop outside his house.

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The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X lives on a major road. There is a long layby which runs in front of his home and multiple other properties. There is a bus stop outside Mr X’s home.
7. The Council introduced new markings on the road and a sign confirming no stopping at the bus stop outside Mr X’s home. Mr X says he was not consulted and he is prevented from delivery vans stopping outside his home to unload. Also, he says he has a relative with mobility issues who needs access directly outside his home.
8. However, the Council does not have to implement a new Traffic Regulation Order to introduce markings for an existing feature which already required them.
9. Also, Mr X and others have no automatic right to park on the public highway directly outside his house. From the information I have seen Mr X has a driveway where vehicles can park to load and unload. If they are too big for his drive, there are multiple other spaces close to Mr X’s property which are not within the bus stop clearway where visitors can park.

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Final decision

10. We will not investigate Mr X’s complaint because we do not consider he has suffered enough personal injustice to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman