Summary: There was delay by the Council in completing white line painting. This caused Ms X avoidable distress, inconvenience and time and trouble. There was no fault in the decision to refuse her request for an extended dropped kerb as the dropped kerb was already at the maximum permitted length. The Council will apologise, make a symbolic payment and give Ms X a date for completing the painting.

The complaint

1. Ms X complained the Council did not help when she reported problems with her neighbour parking in a way which blocks accessibility and visibility from her drive. She said this causes inconvenience, distress and is a safety risk.

What I have and have not investigated

2. Ms X also complained about the way the dropped kerb was originally put in. I have not investigated this complaint because it is late and there is no good reason to consider it now.

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The Ombudsman’s role and powers

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)
4. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. I considered the complaint to the Council, its responses and Ms X’s complaint to us. I also considered the Council’s response to my enquiries and discussed the complaint with Ms X.
8. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant policy and guidance

9. The Council’s policy on dropped kerbs is on its website. It says the maximum width is 4.2 metres. If applicants want to prevent people from parking in front of their dropped kerb, then the Council can provide an advisory white line which discourages obstructive parking.
10. Our Principles of Good Administrative Practice set out our general expectations of councils. We expect councils to keep to commitments and to ensure contractors working on their behalf keep to guidance and good practice.

What happened

11. Ms X contacted the Council in November 2022 about problems with the dropped kerb outside her house. For the last six months, a neighbour has left their van parked close to the end of the kerb limiting Ms X’s visibility when reversing on and off the drive. She wants the Council to extend the dropped kerb. The Council suggested it would paint a white line, but it did not do this.
12. The Council responded to Ms X’s complaint under both stages of its complaint procedure. I have summarised the responses below:
• It cannot extend the width of the dropped kerb as this is already at the maximum width of 4.2 meters. The kerb cannot be moved to the left because of a tree.
• It will extend the white line.
• The Council would issue a parking penalty charge notice and it would issue one against a vehicle parked in front of a private driveway if the resident contacted the Council.
13. In the middle of February, the Council instructed its contractor to extend the line by a metre.
14. Ms X told me the Council said the line would be done by March. The Council’s order job confirmed the line needed to be completed by the start of April. This did not happen despite council officers chasing the contractor.
15. The contractor painted the white line in June, after I had made enquiries. However, it could not complete the job because of the van which is still parked in the way. The white line has been extended a bit and is currently up to the front wheel of the van.
16. The contractor told the Council about the van and asked what to do. An officer replied saying the Council might need to put up notices warning the van’s owner that it would be removed if it obstructed the work.
17. Photos indicate there is a rude message on the windscreen of the van which seems to be from the van’s owner suggesting he won’t move it.
18. The Council told me the contractor will give it a date for returning to finish the painting, it will move the van if necessary and extend the line. An officer will contact Ms X with the dates.

Findings

19. Ms X wants the Council to extend the existing dropped kerb. The Council has explained it will not because the kerb is already at the maximum width. There is no fault because the Council has acted in line with its policy and explained the reason. There are no grounds for me to question the decision.
20. The Council told Ms X the white line would be extended by March. It failed to ensure its contractor completed the job on time. This was not in line with our expected standards of customer service and was fault. The Council only took action as a result of my enquiries. The delay has caused Ms X avoidable inconvenience, distress and time and trouble pursuing the matter.
21. Ms X points out that the extended white line may not solve the issue of inconsiderate parking. However, nor would the dropped kerb had it been permitted in that the kerb itself may not prevent the neighbour from parking if they are determined to. The Council is not responsible for a third party’s behaviour. The extended white line may act as a deterrent because the neighbour would risk getting a parking ticket.

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Agreed action

22. Within one month of my final decision, the Council will:
• Apologise to Ms X for the delay in completing painting
• Give her a date for completing the job
• Make her a payment of £100 to reflect her avoidable frustration, distress and time and trouble.
23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. There was delay by the Council in completing white line painting. This caused Ms X avoidable distress, frustration and time and trouble. There was no fault in the decision to refuse her request for an extended dropped kerb as the dropped kerb was already at the maximum permitted length. The Council will apologise, make a symbolic payment and give Ms X a date for completing the painting.
25. I completed the investigation.

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Investigator's decision on behalf of the Ombudsman