Summary: We will not investigate this complaint about the Council not taking action when the complainant’s drive is blocked. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says that for the past five years he has had problems with his drive being blocked by parked cars. He says the Council will not help. Mr X wants the Council to paint yellow lines.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

5. Mr X contacted the Council to report inappropriate parking. He sent photographs of cars parked on the road. The Council visited the street and told Mr X there was no action it could take because there are no parking restrictions (yellow lines). It said the police could take action over pavement parking or dangerous parking.
6. Mr X escalated his complaint and made it clear he was complaining about cars parking in front of his dropped kerb and blocking his drive. The Council confirmed it can issue a Penalty Charge Notice for this offence providing the resident of the property whose drive has been blocked gives consent. The Council gave Mr X the number to call if his drive is blocked. The Council also said it would consider painting double yellow lines. It asked Mr X to get in touch if he would like the Council to consider doing this. The Council says Mr X has not been in touch to request yellow lines.

Assessment

7. I will not consider events over the last five years because the law says people should complain within 12 months.
8. I will not investigate the more recent events this year because there is insufficient evidence of fault by the Council. This is because the Council has confirmed to Mr X that, while it cannot take action against cars parked on the road, it can take action if a car is blocking Mr X’s drive. It has given Mr X a number to call to make that report. In addition, the Council is willing to consider putting down yellow lines and has invited Mr X to get in touch about this. Mr X can contact the Council to say he would like it to install yellow lines.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman