Summary: Mr and Mrs X complain about people parking next to their dropped kerb. They say this is illegal and obstructs they driveway. The Ombudsman does not find fault with the Council’s actions.

The complaint

1. Mr and Mrs X complain about people parking next to their dropped kerb which obstructs their driveway. Mr and Mrs X say this is illegal. They also complain about:

• noise from the school;
• litter;
• drivers leaving their engines running; and
• congestion around their area.

Mr and Mrs X say the Council is responsible for the problems because it allowed the school to install a back gate to the school over 10 years ago.

Back to top

What I have investigated

2. I have only considered Mr and Mrs X’s complaint about parking by their dropped kerb. This is because the Council has investigated their other complaints and an Ombudsman investigation is unlikely to add to the Council’s investigation or achieve a different outcome.
3. I have not considered the Council’s decision to allow the school to install a back gate. This is because this happened more than 12 months ago and there is no good reason why Mr and Mrs X did not complain about the issue sooner.

Back to top

The Ombudsman’s role and powers

4. 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 could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome

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

5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
7. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

8. I spoke to Mr X and considered the information he provided.
9. I considered the information provided by the Council.
10. I sent two draft decisions to Mr and Mrs X and the Council and cosidered their comments.

Back to top

What I found

Traffic Management Act 2004

11. Part 6, section 84 of the Act provides for the designation of special enforcement areas. Section 86 sets out the prohibition of parking next to dropped footways in a special enforcement area.
12. Schedule 10, section 3, sets out what these special enforcement areas are for outside greater London. It notes that an appropriate national authority may make an application to make an order designating the whole, or part of, a local authority’s area as a special enforcement area.
13. Paragraph 9 of section 86 notes that parking next to dropped footways is enforceable as if imposed by a traffic regulation order under section 1 of the Road Traffic Regulation Act 1984.

Road Traffic Regulations Act 1984

14. Part 1, section 1 of the Act gives the traffic authority for a road outside Greater London the power to make an order for a road if it appears necessary to make it for:

• avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
• for preventing damage to the road or to any building on or near the road, or
• for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or
• for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
• for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
• for preserving or improving the amenities of the area through which the road runs, or
• for any of the purposes specified in paragraph (a) to (c) of subsection (1) of the Environment Act 1995 (air quality).

What happened

15. Mr and Mrs X live near to a school. During school run times, Mr and Mrs X said people park by their dropped kerb. They said this obstructs their driveway and makes it difficult for them to exit. Mr X said this was illegal and the Council should be taking enforcement action against drivers who park in this way.
16. Mr and Mrs X complained to the Council about the issue of cars parking by their dropped kerbs in April 2019. In its stage one response, the Council explained the law allowed it to apply for an area to be designated a special enforcement area. The Council said it had not applied for this and therefore did not have any powers to enforce against drivers.
17. Mr and Mrs X were unhappy with this response and asked the Council to response at stage two of the complaint procedure in May 2019. The Council responded to the complaint in June 2019. The Council repeated that it did not have any powers to enforce parking controls in the area. The Council said it would monitor the parking situation by undertaking site visits and use the information gathered to decide on the best way forward.
18. In July 2019, Mr and Mrs X escalated this complaint to stage three. The Council responded in August 2019. The Council explained it had instructed its parking contractor to enforce parking next to dropped kerbs.
19. The Council said in its complaint response it had exercised its powers under the Road Traffic Regulation Act 1984 to make a traffic regulation order that allowed enforcement of any vehicle parked next to a dropped kerb.
20. In response to a further enquiry, the Council said it first introduced the traffic regulation order, which includes the powers for the Council to enforce vehicles who park adjacent to a dropped kerb, in 2008. The order was updated in November 2019.
21. The Council explained enforcement will only be applied where there is partial or full obstruction of the dropped kerb, where consent hasn’t been given by the property owner, and where a resident cannot access their driveway or have difficulty doing so. This is in line with the Council’s traffic regulation order.
22. Mr X said he wanted the Council to install H markings by his dropped kerb. The Council has offered to implement this but asked for Mr X to pay for it. Mr X said he should not have to pay because the problems are a result of the Council’s actions. Mr X also wanted the Council to install a notice to the school gates to remind drivers not to block driveways.

Analysis

23. The Council had explained in its complaint response that it had no power to enforce the parking of vehicles by dropped kerbs. The Council said this was because it had not designated Mr and Mrs X’s area a special enforcement area. The law is clear that the power to enforce parking by dropped kerbs only applies when it occurs within a special enforcement area.
24. However, in this case, the Council made a traffic regulation order in 2008 which included the prohibition of parking at dropped kerbs, subject to some exemptions. This order was updated in November 2019. Therefore, it is clear the Council has the power to enforce against parking at dropped kerbs.
25. The Council said it has instructed its parking contractors to enforce against vehicles parking at dropped kerbs. Therefore, I do not find fault with the Council’s actions. This is because it has considered its powers and decided it will take enforcement action. There is nothing further the Council can, or should, do.
26. I appreciate Mr X wants the Council to install H markings and notices because it feels the Council is at fault. However, I have not found any fault with the Council’s actions. Therefore, I cannot make any recommendations.

Back to top

Final decision

27. I find no fault with the Council’s actions. I have completed my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman