London Borough of Tower Hamlets (23 002 065)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 07 Jun 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s decision not to give the complainant a permit so she can access a School Street during restricted hours. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to give her a School Street permit. She says she has no reasonable alternative route and has received fines because she sometimes forgets to avoid the restricted street. Mrs X wants a permit.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by Mrs X and the Council. This includes the complaint correspondence, a map of the area and information about School Streets. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

  1. A School Street is a street near a school where a road is temporarily closed to vehicles during set hours during term time. The aim is to reduce pollution and congestion near schools. The Council will issue a permit to allow unrestricted access to a School Street if the person needs access and there is no alternative route.
  2. Mrs X lives on road A. Part of road A is a School Street but Mrs X does not live on the School Street part of road A. The School Street section of road A is restricted on school days from 8.15am to 9.15am and from 3pm to 4pm. There is unrestricted access at all other times.
  3. Mrs X applied for a permit. The Council refused the application because there are alternative routes Mrs X can use to access her home and parking. The Council explained the aim of the scheme is to reduce traffic near schools and said there are alternative routes she can use.
  4. Mrs X disagrees with the decision and says she has no other reasonable access. She has referred to one route being longer and has referred to crime in another street.
  5. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have looked at a map of the area and there are other routes Mrs X can use. I appreciate the alternatives may not be her preferred route but permits are only issued for people when there is no alternative. The restrictions are only in force on school days, for two hours, and Mrs X can use the road at other times. The Council’s decision not to issue a permit reflects the policy so there is no reason to start an investigation. We are not an appeal body and I have no power to ask the Council to give Mrs X a permit when that would be contrary to the policy and aim of the scheme.

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Final decision

  1. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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