Summary: Mr X complained about the Council’s failure to prevent roadside parking from obstructing the entrance to his driveway. The Ombudsman will not investigate this complaint. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains that neighbours park vans near his driveway access and this causes traffic hazards when he exits from his drive onto the road. He asked the Council to take enforcement action over the parking problem but there are no parking restrictions on his street.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

4. Mr X complained to the Council about vans parking outside his home and restricting the view from his driveway as he exits onto the road. He says that this causes danger from traffic which has a restricted view. He asked the Council to serve parking penalties on the van owners and to put yellow lines on the road outside.
5. The Council cannot carry out parking enforcement where there are no parking or waiting regulations in place. There is currently no Traffic Regulation Order for the street which would permit the Council to paint yellow lines where Mr X has requested. Mr X enquired about extending his driveway entrance for better access and has now applied to carry out this work.

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Final decision

6. The Ombudsman will not investigate this complaint. There is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman