Summary: Mr X complained about the Council’s introduction of a parking scheme in his area which he says has displaced parking onto his street. 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 introduction of a residents parking scheme which resulted in parking being displaced onto his and other streets outside the scheme. He says the consultation was flawed and residents’ objections were ignored. He wants the Council to urgently reconsider the traffic regulation order before a proposed annual review in 2021.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 34(3), 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. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X says he objected to a proposal for a parking scheme in 2019 when the Council carried out informal consultation with residents. He says that despite his objections the Council decided to proceed with the scheme. He submitted similar objections at the formal consultation stage.
5. Councils as highway authorities are required to consider any objections received about a traffic regulation order under regulation 13 of the Local Authorities’ Traffic Orders (Procedure)(England and Wales) Regulations 1996. The Council considered the objections at a planning committee meeting and decided to introduce the Order unchanged.
6. We may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions where there is no evidence of fault in the administrative process.
7. There is no evidence that the Council failed to follow the correct procedure when introducing the parking scheme under a traffic regulation order. The Council says it will review the scheme once it has been in operation for a year to decide whether any amendments are required.

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Final decision

8. 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

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Investigator's decision on behalf of the Ombudsman