Summary: Mr X complained about the Council’s failure to prevent cars from parking in a passing place opposite his driveway causing obstruction. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council failing to prevent parking in a passing place in a narrow lane outside his home. He says that parked cars obstruct his drive access and he wants the Council to remove or move the passing place.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

4. Mr X lives on a narrow country lane where passing places are limited. One such place is opposite his driveway and he says cars park in this space causing obstruction to his access. Mr X asked the Council to consider removing the passing place or locating it further away. The Council told him that the passing place is an informal one and not part of the adopted highway.
5. The Council advised Mr X to contact the Borough Council and the local parish council to help him establish who the private owner of the land is. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. if the Council as highway authority is not the owner of the land it cannot take action to prevent parking.

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Final decision

6. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman