Summary: The Ombudsman will not investigate this complaint about the Council’s decision to paint double yellow lines outside the complainant’s garage. This is because there is insufficient evidence of fault by the Council and because the Ombudsman cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Ms X, complains that the Council put double yellow lines on the road outside her garage. Ms X wanted the Council to remove the lines before Christmas.

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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 an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the way the Council advertised the Traffic Regulation Order (TRO). I invited Ms X to comment on a draft of this decision.

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What I found

Yellow lines

4. A council must obtain a TRO before it can install or remove yellow lines. Councils must follow a legal process which involves advertising the proposal, considering comments or objections, and then rejecting or accepting the proposal. A council cannot add or remove yellow lines without obtaining a TRO.
5. People do not own the road outside their homes.

What happened

6. Residents asked the Council to install double yellow lines because vehicles were obstructing the road. In July the Council advertised a proposal to install double yellow lines in a turning bay and on a section of the road. The Council advertised the proposal in street notices, the press, the website and in the Council office. It received no objections or comments. It confirmed the TRO and painted the yellow lines.
7. Ms X says she was unaware of the proposal. She did not see the street notices. She does not object to the yellow lines in the turning bay but says the lines on the street are outside her garage and mean she cannot park outside the garage. She says a relative, with mobility problems, was due to visit for Christmas, and Ms X wanted the lines removed before then so the relative could park near to home.
8. Ms X contacted the Council to complain. She explained the problems in the road were caused by residents who have moved and there are no longer any issues with obstructions.
9. The Council says that in early 2020 it will start a new TRO process and advertise a proposal to remove the yellow lines. The outcome cannot be known at this stage because it will depend on whether other residents object to the proposal.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately to reports of obstructions by advertising a proposal to install yellow lines. It is unfortunate Ms X did not see the street notice but this was not due to fault by the Council. The Council did not receive any objections so it implemented the TRO and painted the lines. It followed the correct process and there is no suggestion of fault. Ms X has reported that the parking problems have stopped following the departure of some neighbours. The Council will advertise a proposal to remove the lines but the outcome will depend on the views of other residents.
11. I also will not start an investigation because I cannot achieve the outcome Ms X wants. The yellow lines have been installed as a result of a TRO which is a legal process. The lines can only be removed via a TRO. I have no power to tell the Council to remove the lines and it will be for the Council to decide what action to take in relation to the next TRO.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council and because I cannot achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman