Summary: The Ombudsman will not investigate this complaint about traffic and other issues relating to roads close to the complainant’s home. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained about several issues relating to roads and open spaces close to her home. In particular, Mrs B would like the Council to introduce further parking restrictions. She also says the Council is not upholding property deeds and restrictive covenants.

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The Ombudsman’s role and powers

2. 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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• another body is better placed to deal with the matter; or
• it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mrs B said in her complaint. The Council also provided background information including its response to Mrs B at all three stages of its complaints procedure. Mrs B commented on a draft before I made this decision.

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What I found

6. I consider the Council has provided a full response to Mrs B’s concerns and investigation would add nothing significant to what we know. While I appreciate Mrs B may have a different view, there is nothing in the Council’s response to suggest fault by the Council.
7. The Council has not ignored Mrs B’s concerns and has explained in detail the action it can and cannot take.
8. In particular, Mrs B would like the Council to introduce further parking restrictions. The Council introduced restrictions in the recent past by making a Traffic Regulation Order (TRO). It is aware from consultation on that TRO of the residents’ views on those restrictions. The Council does not see a justification for making a further TRO despite Mrs B’s wishes. This is a matter for the Council to decide.
9. Issues to do with deeds and restrictive covenants are legal matters which the courts are best placed to deal with.

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Final decision

10. I have decided we will not investigate this complaint as we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman