Summary: Mr X complained about the Council’s failure to prevent hazardous parking around a busy road junction. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council not enforcing the highway code to prevent dangerous parking near a busy junction close to his home. He says it should issue fines to motorists and create proper parking restrictions.

Back to top

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)

Back to top

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. Mr X has been given an opportunity to comment on a draft copy of my decision.

Back to top

What I found

4. Mr X says a busy road junction near his home is frequently subject to cars parking close to it and restricting visibility, in breach of the Highway Code guidance. He contacted the Council because he says it has taken no enforcement action against the motorists who park there.
5. The Council told him that historically there have been no parking restrictions on the junction so it cannot serve penalty charge notices for any breach. Local councillors have recently asked for the junction to be added to the list of traffic regulation orders for 2021/2022. This would be subject to budget and demand from local consultees.
6. The Council cannot enforce parking on the junction without any regulations in place. The Highway Code is government guidance and has no statutory status which could result in a fine. The Council advised Mr X that if parking is causing obstruction to his drive, he may contact the police which have powers to issue fixed penalties in cases of obstruction.

Back to top

Final decision

7. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman