Summary: We will not investigate Mr X’s complaint about the Council’s refusal to redesign a pathway providing vehicular access to his property. This is because it is unlikely we could achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains the Council has failed to deal with parking issues on his road. He says cars park along a pathway leading to his property which stops him from accessing or leaving his drive.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. It is clear Mr X has experienced issues with cars blocking his access to and from the public highway. The Council has considered its options to improve the situation but decided that creating more space for car parking, introducing parking restrictions and installing markings on the pathway would not be appropriate. This is a decision the Council is entitled to make and I have not seen enough evidence of fault in the way it was reached to warrant further investigation. It is also not the cause of the injustice Mr X claims, which stems from the actions of inconsiderate motorists.
5. Ultimately, the Council is not under any duty to ensure Mr X can access or leave his driveway. It has confirmed its civil enforcement officers visit the area and issue penalty charge notices where appropriate and has given Mr X several ways to report vehicles which block his property. This provides a suitable way forward to deal with the issue and we cannot say the Council should redesign the pathway as Mr X wants. It is therefore unlikely further investigation would achieve any worthwhile outcome for Mr X.

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Final decision

6. We will not investigate this complaint. This is because the injustice Mr X claims is not the result of any fault by the Council. It is therefore unlikely investigation would achieve anything more for him.

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Investigator's decision on behalf of the Ombudsman