Summary: We will not investigate this complaint that the Council will not place double yellow lines on the road where the complainant lives. We are unlikely to find evidence of fault in how the Council made its decision.

The complaint

1. The complainant, who I refer to here as Ms B, has complained the Council will not place double yellow lines on a bend in the road where she lives. She says this would prevent dangerous driving conditions caused by people parking on or near the bend.

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

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Ms B said in her complaint and background information provided by the Council. Ms B commented on a draft before I made this decision.

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What I found

Background – parking restrictions

6. The Council cannot simply place double yellow lines on the highway. To be able to restrict parking, it must make a traffic regulation order (TRO) in accordance with the Regulations. ( Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996)
7. The Regulations set out procedures for consultation and dealing with objections to a proposal before a council makes a TRO.
8. In summary, to begin the formal process, a council must:
• publish a ‘notice of proposals’ in a local newspaper;
• make documents relating to the proposal available for public inspection;
• inform statutory consultees, including the police; and
• give other publicity to the proposal the council considers is appropriate.
9. A council must publish a notice within 14 days of making a TRO, give adequate publicity to the TRO and write to any objectors outlining the reasons for going ahead with the proposal.
10. The notice must also advise there is a right to apply to the High Court within 6 weeks of the date of the TRO. This can be on the basis that:-
• the council does not have powers to make the order; or
• the council has not complied with the relevant Act or regulations.

This complaint

11. Ms B asked the Council to place double yellow lines on the road near her home to prevent parking near a bend. She believes parked cars cause dangerous driving conditions which will lead to traffic accidents.
12. The Council has considered Ms B’s request. It has explained to her in some detail why it has decided not to restrict parking in the way she would like. In making its decision, it has visited the site and taken into account factors such as potential hazards and the accident record in the road.

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Final decision

13. I have decided we will not investigate this complaint. This is because, while I understand Ms B disagrees with the Council, it is for the Council to decide if it should introduce parking restrictions. I have seen no evidence of fault in how the Council has decided not to do so. In the absence of fault, we cannot question the merits of the Council’s decision.

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Investigator's decision on behalf of the Ombudsman