Summary: The Ombudsman will not investigate Mr X’s complaint that the Council has failed to take action to stop people parking in front of his residence. This is because it is unlikely an investigation would find fault by the Council or lead to a different outcome.

The complaint

1. Mr X complains the Council has declined to paint double yellow lines outside his property to prevent people from parking in front of his dropped kerb.

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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 Mr X’s complaint to the Ombudsman and the information he provided. I have written to Mr X with my draft decision and given him an opportunity to comment.

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What I found

4. Mr X is a live-in carer for Mr Y. Mr Y’s property has a driveway with a dropped kerb. Mr X says that people keep parking in front of the driveway blocking access.
5. Mr X says he has reported this matter to the police and Council, but nothing has been done.
6. The Council is responsible for Civil Parking Enforcement relating to areas which have designated signage or parking restrictions.
7. Parking in front of a dropped kerb without any marked parking restrictions is a matter for the police within this Council area.
8. The Council decided against painting double yellow lines outside Mr X’s property as this would still enable blue badge holders to park and the use of double yellow lines would only be used if there is a road safety benefit.
9. The Council has offered to paint a white line “H Bar” in front of the dropped kerb if evidence of parked cars is provided by Mr X. A “H Bar” would enable the Council to take civil parking enforcement action moving forwards.
10. The Council has provided a reasonable means of addressing Mr X’s concerns. A further investigation by the Ombudsman would unlikely lead to a different outcome or find fault with the Council’s actions and proposal.

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Final decision

11. My decision is that the Ombudsman will not investigate Mr X’s complaint that the Council has failed to take action to stop people parking in front of his residence. This is because it is unlikely an investigation would find fault by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman