Summary: We have ended our investigation into Mr X’s complaint about an area of unrestricted parking in the village where he lives. This is because part of the complaint is late and there are no good reasons why the late complaint rule should not apply. We are also unlikely to find evidence of fault by the Council in how it considered Mr X’s more recent complaint.

The complaint

1. Mr X complained about the Council’s lack of action since 2019 in response to his complaint about a parking strip in the village where he lives. He said parked cars on the strip prevent pedestrians including himself from properly accessing the pavement and it is even more difficult for people to use it who are vulnerable or require mobility aids. Mr X wants the Council to introduce parking restrictions to prevent vehicles parking on the strip.

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The Ombudsman’s role and powers

2. 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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating.(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I spoke with Mr X and considered the information he provided.
5. I considered the information provided by the Council.
6. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

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What I found

Background

7. 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. The police deal with any offences.
8. 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)
9. The Regulations set out procedures for consultation and dealing with objections to a proposal before a council makes a TRO.
10. 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.
11. 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.
12. 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.
13. 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.

What happened

14. Mr X lives in a village with narrow streets. The Council allows people to park their cars on a parking strip on the main street of the village for a limited amount of time. The parking strip is directly outside some cottages. Mr X said when people park their cars on the strip, it causes problems for pedestrians, cyclists and for people who live in the cottages. He said the parked cars take up room on the adjacent footway and so people struggle to walk on it. Mr X said he and his wife have to walk on the road instead and do not feel safe doing so. Mr X said residents of the cottages struggle to leave their property due to lack of space and some of these residents use pushchairs and wheelchairs. He said when drivers of the parked cars open their doors, cyclists are hit or forced towards oncoming traffic. Mr X said the parked cars cause the street to become even more narrow which has then obstructed emergency vehicles, buses and refuse lorries to pass through. Mr X said parking space in the village is not restrictive as there are two car parks with large capacity close to the main street. Mr X said he has been trying to resolve the matter with the Council for three years.
15. In 2019, the Council considered whether to introduce parking restrictions to the strip Mr X complains about. It considered relevant issues such as population, road design, collision data and the availability of parking in the village. It decided there was insufficient evidence parking restrictions were needed. It decided not to support the proposal and so did not start the TRO process. Mr X did not complain about this decision to the Council at the time.
16. In September 2021, Mr X complained to the Council about the parking strip and the problems it had caused to pedestrians, residents, cyclists, emergency vehicles and large vehicles. He asked the Council to introduce parking restrictions. The Council responded to Mr X and said it had considered whether to introduce parking restrictions in 2019 at a Council meeting where the Council did not support it. The Council added that since the decision was made in 2019, there had been no change to information such as size of population, road design and collision data. Because of this, its decision remained unchanged and it informed Mr X it was unable to introduce parking restrictions.
17. Mr X remained unhappy and complained to us.

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Findings

18. Mr X said he has been complaining about the lack of parking restrictions on the strip for the last three years. The Council decided in 2019 not to introduce parking restrictions on the strip. Mr X would have been aware of the Council’s decision in 2019 but did not complain at the time. We cannot investigate a complaint about the 2019 decision as it is late and there are no good reasons why the late complaint rule should not apply.
19. In 2021, the Council considered Mr X’s request to apply restrictions on the parking strip. It said as there had been no significant changes to population, road design and collision data since 2019, it was unable to change its earlier decision. It considered Mr X’s request appropriately by reviewing the data for any significant changes that might alter its earlier decision. It concluded there were no significant changes. The Council has discretion to decide whether to proceed with a TRO, so it is unlikely we would find fault on a further investigation.
20. In addition, Mr X said his main injustice is that he and his wife cannot walk on the footway and instead have to walk on the road due to the parked cars. He also said the parked cars cause problems to people who live adjacent to the location, other pedestrians and cyclists and other vehicles. However, how people park their cars on the strip is not the responsibility of the Council and so the Council is not at fault. It is a matter for the police to look into.

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Final decision

21. We have ended our investigation into this complaint. This is because part of the complaint is late and there are no good reasons why the late complaint rule should not apply. We are also unlikely to find evidence of fault by the Council in how it considered Mr X’s complaint in 2021.

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Investigator's decision on behalf of the Ombudsman