Summary: We will not investigate this complaint about the Council failing to properly assess the current usability of Mrs X’s driveway access. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains the Council failed to properly assess the current usability of her driveway access and instead relied on historical conditions about access protection markings outside her property. Mrs X says the continued obstruction of her driveway makes it difficult to safely access and exit her property. She said this has caused ongoing inconvenience and stress.
2. Mrs X wants the Council to carry out an onsite assessment of the current access and provide an evidence-based explanation for its decision.

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The Ombudsman’s role and powers

3. We investigate 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council installed access protection markings outside Mrs X’s property in 2022. Mrs X says vehicles have parked across the unmarked part of the dropped kerb, restricting her visibility when leaving her driveway. She said the existing markings were aligned to an incorrectly positioned boundary fence. The Council said its review of historical images showed the existing markings were correctly installed in line with a pillar on Mrs X’s property, which has since been removed.
7. Mrs X says the problem began in November 2025, after changes to her vehicle access. The Council explained it is not obliged to extend the marking because of later changes to the property access. There is also no further requirement of the Council to assess the current markings. Mrs X can apply to extend the markings which is the correct process to follow. There is insufficient evidence of fault by the Council.

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Final decision

8. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman