Summary: We will not investigate this complaint about the removal of some double yellow lines. This is because there is insufficient evidence of fault by the Council and because it is a late complaint.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the removal of double yellow lines in the street where his business is located. He wants the Council to reinstate the lines.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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 considered information provided Mr X and the Council. This includes the complaint correspondence and images of the street. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. The Council received requests to reduce parking restrictions. In 2018 it advertised the proposed changes. Under the proposal the lines directly outside Mr X’s office car park would remain but other lines would be removed. The Council advertised the proposal in 2018 under the statutory requirements for a Traffic Regulation Order (TRO). Neither Mr X, nor other residents or businesses, objected. The TRO was approved and the lines removed as per the proposal. Councils must follow the TRO process to create or remove parking restrictions.
6. In 2020 Mr X complained about the removal of the lines. He said the new arrangements are dangerous and make it difficult to safely leave the car park. In response the Council explained why it had made the changes and said Mr X should call the enforcement team if there is a breach of the parking restrictions. The Council said officers had visited in response to his complaint and found no safety issues.
7. Mr X contacted the Council to raise the same points in 2021 and 2022.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council removed the lines following completion of the statutory process. Since then the Council has visited and found there are no safety issues and has given advice about what Mr X should do if there is a breach of the restrictions.
9. We are not an appeal body and have no power to tell the Council to reinstate the lines. We can only consider if there was fault in the way the Council introduced the changes or considered Mr X’s complaints. There is no evidence of such fault so no reason to start an investigation.
10. I also will not start an investigation because this is a late complaint. The Council removed the lines in 2018 but Mr X did not complain to us until July 2022. He has been aware of the change in the restrictions for considerably longer than 12 months and I have not seen any good reason to investigate such a late complaint.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because it is a late complaint.

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Investigator's decision on behalf of the Ombudsman