Summary: The Ombudsman will not investigate this complaint that the Council has not placed double yellow lines in the road where the complainant lives. It is too late to look at the complainant’s original request in 2010. The Ombudsman is unlikely to find evidence of more recent fault by the Council and cannot provide the outcome the complainant seeks.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about how the Council has dealt with his request to have double yellow lines placed on the road outside his home.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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’.
5. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained;
• the injustice is not significant enough to justify our involvement;
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

6. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

7. I have considered what Mr B said I his complaint and background information provided by the Council. MR B commented on a draft before I made this decision.

Back to top

What I found

Legal Background

8. The Council cannot simply paint yellow lines on a road. To introduce a parking restriction, it has to follow a legal process and must make a traffic regulation order (TRO) in accordance with the Regulations. ( Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996)
9. The Regulations set out procedures for consultation and dealing with objections to a proposal before a council makes a TRO.
10. In summary, to begin the formal process, a council must:
• publish a ‘notice of proposals’ in a local newspaper;
• make documents relating to the proposal available for public inspection;
• inform statutory consultees, including the police; and
• give other publicity to the proposal the council considers is appropriate.
11. A council must publish a notice within 14 days of making a TRO, give adequate publicity to the TRO and write to any objectors outlining the reasons for going ahead with the proposal.
12. The notice must also advise there is a right to apply to the High Court within 6 weeks of the date of the TRO. This can be on the basis that:-
• the council does not have powers to make the order; or
• the council has not complied with the relevant Act or regulations.

Summary of events

13. Mr B asked the Council in 2010 if it could place double yellow lines on the corner of his road to prevent nuisance parking. The Council said it would consider his request in due course but could not guarantee if and when it would place any lines. It said it could take up to four years.
14. In 2019, Mr B contacted the Council again about double yellow lines. The Council told him it could not give priority to this. Mr B complained to the Council and then to us.

Analysis

15. There is no exceptional reason we should investigate a complaint about Mr B’s original request in 2010 so long after the event.
16. With regard to Mr B’s more recent request, it is for the Council to decide whether to allocate the considerable resources needed to make a TRO. I have seen nothing to suggest fault in how it is has done this.
17. Further, because there are rights to object and to challenge a TRO in court, the result of the order-making procedure Is not guaranteed. So I cannot be certain that, even if the Council decided to begin the process, it would lead to the outcome Mr B seeks.

Back to top

Final decision

18. I have decided we will not investigate this complaint for the reasons given in paragraphs 15 to 17.

Back to top

Investigator's decision on behalf of the Ombudsman