Summary: The Ombudsman will not investigate this complaint about how the Council enforces restrictions on footway parking. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council does not take enforcement action to prevent footway parking in the area where he lives. He says this causes safety issues as he has to walk in the road.

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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.
3. 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. (Local Government Act 1974, section 24A(6), as amended)
4. 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)

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How I considered this complaint

5. I have considered what Mr B said in his complaint and the Council’s response to his concerns. Mr B commented on a draft before I made this decision.

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What I found

6. Parking on the footway in Greater London is generally prohibited unless it is specifically allowed by a Traffic Management Order (TMO). A council can only make a TMO following a specific statutory process.
7. In summary, where footway parking is not allowed, the Council’s has a power to take enforcement action but is not obliged to.
8. The Council’s policy is to enforce where footway parking is causing a specific problem. It says footway parking in the area of concern to Mr B is not covered by a TMO but is kept monitored. The Council does not currently consider there is an issue that justifies further action, although it will enforce where, say, the footway is impassable. It says preventing all footway parking in the area would cause traffic problems.
9. I consider the Council is entitled to have an enforcement policy that takes account of local circumstances. It has not ignored Mr B’s concerns but has explained why it will not enforce against all footway parking.

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Final decision

10. I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman