Summary: Miss X complained the Council failed to consider consultation responses received about the instillation of double yellow lines near her property. Miss X says it seems as though the Council predetermined the outcome of the consultation. Miss X says this has caused her inconvenience. We have not found fault in the actions of the Council.

The complaint

1. Miss X complained the Council failed to consider consultation responses received about the instillation of double yellow lines near her property. Miss X says it seems as though the Council predetermined the outcome of the consultation.
2. Miss X says this has caused her inconvenience.

Back to top

The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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(1), as amended)

Back to top

How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

Back to top

What I found

8. Miss X says the property she purchased did not come with parking, but she was told on-street parking would be available.
9. The Council sent out a consultation in December 2022 about the installation of parking controls near to Miss X’s property.
10. The Council collated the responses from the consultation in June 2023 which resulted in one neutral response, two responses in support and 27 objections.
11. The Council issued a further consultation about increased traffic and parking controls in early 2024 following a structural assessment report about the tunnel below Miss X’s estate.
12. Miss X complained to the Council in early April 2024 and said when she purchased her property, it did not tell her the development was going to be car free. Miss X also said she was unhappy with the permit scheme and the proposed introduction of double yellow lines.
13. The Council responded in late April 2024 and said Miss X’s property was in a low car neighbourhood. The Council also said it completed a consultation and reviewed the results but that following a structural survey of the tunnel it needed to implement the restrictions it had suggested. The Council also said the introduction of parking controls was needed to ensure emergency vehicles could access the development.
14. Miss X raised a further complaint in June 2024 which said almost every person had objected to the consultation, but the Council had gone ahead anyway. Miss X says it seemed as though the consultation process was redundant.
15. The Council issued a consultation response in October 2024. This said as part of its ongoing housing redevelopment work at Miss X’s estate it had completed a specialist assessment of the railway tunnel which runs under the estate. The Council said the assessment showed unauthorised parking on the footway was adding additional pressure on the tunnel. The Council said if it did not act, the continued pressure on the tunnel would cause a serious safety risk.
16. The Council accepted it had received a significant number of responses to the consultation and there was a firm opposition to the installation of double yellow lines. However, the Council said safety had to come first and it had to implement the changes it proposed.
17. The Council responded to Miss X’s stage two complaint in November 2024 and said it had reviewed any consultation responses it received and acknowledges the objections. However, restrictions were needed for safety.

Analysis

18. Miss X says she feels the consultation process implemented by the Council was redundant as it seems as though the Council had predetermined the outcome. I appreciate why she feels this given the Council has acknowledged there was a strong opposition to the proposals it had outlined.
19. However, the Council has explained it made its decision based on safety concerns following a structural survey of the tunnel area in the estate and access for emergency vehicles.
20. I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to implement parking controls. The Council took the decision based on safety concerns following reviewing the information it had available to it. There is no fault in how it took the decision, and I therefore cannot question it.

Back to top

Decision

I find no fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman