Summary: The Ombudsman will not investigate Miss X’s complaint about parking bays opposite her driveway which make it difficult for her to exit her driveway. This is because it is unlikely the Council is at fault.

The complaint

1. Miss X complains the Council will not remove parking bays which are opposite her driveway. Miss X says these make it difficult for her to exit her driveway.

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The Ombudsman’s role and powers

2. 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)
3. 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 we cannot achieve the outcome someone wants or there is another agency best placed (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Miss X said in her complaint and the comments she made in response to my draft decision.

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What I found

5. Miss X complains about parking bays opposite her driveway which she says make it difficult for her to exit her driveway. Miss X wants the Council to remove the parking bays.
6. The Council says the bays have been in place since 1993 and it does not consider they should be removed as it could displace parking to more inappropriate locations in the area. It also says that the road allows for two way traffic even when cars are parked and that there is nothing in law precluding parking opposite driveways.

Assessment

7. While I appreciate why Miss X would prefer for the bays to be removed, the Council explains why it will not and I can see no indication of fault in this.
8. The Council explains that it is not illegal to park opposite driveways but if Miss X considers a parked car is causing an obstruction, then the police are best placed to respond.

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Final decision

9. My decision is that the Ombudsman should not investigate this complaint. This is because it is unlikely he would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman