Summary: We will not investigate how the Council has responded to the complainant’s concerns about parking issues near his home. It is unlikely we 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 has not dealt with obstructive parking. The issues are caused by people parking when they use playing fields near his home.

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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’.
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;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (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 background information provided by the Council. I also discussed the complaint with Mr B and a parish councillor who shares his concerns.

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What I found

Background

6. In summary, motorists can park anywhere on the highway unless there are formal restrictions in place or the parking is otherwise illegal. Where there are no parking restrictions, councils have no power to take action and the police deal with any offences such as obstructive parking.
7. Councils cannot simply place yellow lines on the highway. To introduce parking restrictions, a council must make a traffic regulation order (TRO) in accordance with the Regulations. ( Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996)
8. The Regulations set out procedures for consultation and dealing with objections to a proposal before a council makes a TRO.
9. 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 that the council considers is appropriate.
10. 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.
11. 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.
12. It is therefore not certain that beginning the process will lead to a TRO being made. Before doing so, councils will balance the resources involved and the potential benefits the TRO might bring.

Mr B‘s complaint

13. There are playing fields near Mr B’s home which are used by football teams at weekends. He has complained to the Council for several years about parking problems caused by people attending the football matches.
14. The fields are managed by a trust. The Council has made the trust aware of the parking issues and I understand it has asked people using the playing fields not to park illegally or in a way that causes nuisance. The Council has also advised Mr B to report any concerns to the police.
15. The Council has not ignored Mr B’s concerns. However, the current situation is that neither the Council nor the trust can control how people park on the highway. The Council has considered whether it should introduce parking restrictions by making a TRO but has decided this would not be appropriate. That is a decision for the Council to make and I have seen nothing to suggest fault in how it was made.

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Final decision

16. I have decided we will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council in how it has considered and responded to Mr B’s concerns

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Investigator's decision on behalf of the Ombudsman