Summary: We will not investigate this complaint about the Council’s refusal to install an H-bar marking on the road outside Miss X’s property. The injustice claimed is not significant enough to warrant our involvement.

The complaint

1. Miss X complained the Council refused to install a H-bar marking on the public highway outside her property. Miss X said an H-bar marking would prevent inconsiderate motorists from obstructing access to her driveway via a dropped kerb.
2. Miss X said this caused her difficulty in accessing her driveway.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained the Council refused to install a H-bar marking which she said would improve her ability to access her driveway via a dropped kerb.
7. While H-bar markings can warn motorists of the need to keep access-ways clear they are not legally enforceable. Councils have the power to issue penalty charge notices where vehicles are obstructing a dropped kerb but it can do this with or without an H-bar marking in the road.
8. While Miss X believes an H-bar marking would improve the situation she faces, I do not consider the Council’s refusal to install one causes her significant injustice. This is because Miss X’s injustice stems from the inconsiderate actions of motorists and the installation of an H-bar marking neither prevents such actions nor gives the Council any additional powers to deal with them. For this reason, we will not investigate this complaint.
9. If Miss X believes cars have obstructed her driveway, she may report this to the Council and, if possible, its parking enforcement contractor may be able to visit to determine whether it can issue a penalty charge notice.

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Final decision

10. We will not investigate Miss X’s complaint because the injustice claimed is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman