Summary: We will not investigate Mrs B’s complaint that the Council is not taking action about parked cars blocking access to her driveway. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs B complains the Council is not taking action in response to her long-running concern about her dropped kerb being obstructed by parked cars. Mrs B says repeated parking of vehicles near her driveway makes daily activities more difficult particularly for her disabled son. Mrs B also says the Council has not considered its duties under the Equality Act 2010, including the Public Sector Equality Duty. Mrs B would like the Council to introduce permanent parking restrictions in this location.

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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 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), as amended, section 34(B)).

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How I considered this complaint

3. I considered information provided by Mrs B, including the Council’s responses to her complaint. These include still images of some of the videos Mrs B has provided to the Council. I have also viewed this location online.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says there are no parking restrictions on Mrs B’s road and footway parking is allowed. The Council says it has reviewed the photographs and videos Mrs B provided but it is not satisfied the vehicles were parking in contravention of parking restrictions or in a position that would block Mrs B’s dropped kerb or prevent access to her property.
6. The Council says it cannot take enforcement action against a vehicle parked lawfully simply because another road user may experience greater difficulty manoeuvring their own vehicle. The Council has also considered the needs of Mrs B’s disabled son and relevant equality legislation. The Council has explained this legislation does not create parking enforcement powers where none otherwise exist.
7. And, the Council recently introduced a footway parking formalisation scheme to try to help improve the situation. The Council says at the moment the introduction of further restrictions is not justified but it recognises the scheme has not resulted in the level of improvement Mrs B had wanted.
8. There is not enough evidence of fault to justify an investigation into this complaint. The information indicates the Council has taken Mrs B’s concerns seriously and has provided a detailed explanation setting out why it cannot take enforcement action.
9. I have not seen any information to indicate the Council was at fault for the way it has considered Mrs B’s concerns about access to her driveway being blocked.
10. Also, the information indicates the Council is aware of the parking challenges on this road and is trying to improve the situation. These are matters for the Council to decide and it is not our role to tell the Council it should manage use of this highway differently.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman