Summary: We will not investigate this complaint that the Council will not place additional road markings in advance of a junction. It is unlikely we would find fault by the Council has caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Miss B, has complained the Council will not place additional road markings in advance of a road junction. She says the current marking is confusing and leads people to stop within a box junction.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), 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’.
4. 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)

5. 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

6. I have considered what Miss B said in her complaint. The Council also provided background information including its responses to Miss B’s concerns. Miss B commented on a draft before I made this decision.

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What I found

7. Miss B believes road markings at a junction do not provide enough warning that motorists in the left hand lane must turn left. She says this can lead to people receiving a penalty charge notice for stopping in the box junction, as happened to her. She says the Council could prevent this by placing additional road markings in advance of the junction.
8. The Council has decided the current markings meet the legal requirements and it does not have funds for discretionary additional markings. I consider this is a decision the Council is entitled to make.
9. Miss B, and any other motorist receiving a penalty charge notice, has a right of appeal to London Tribunals. Because of this, we would not usually consider a complaint about such a penalty charge notice.
10. I appreciate Miss B has concerns about other motorist but we must consider how any fault by the Council may have affected her personally. She is aware of the layout of the junction. I do consider the lack of additional markings could cause her significant personal injustice unrelated to a penalty charge notice.

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Final decision

11. I have decided we will not investigate this complaint. This is because we are unlikely to find fault by the Council has caused Miss B injustice that warrants our involvement.

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Investigator's decision on behalf of the Ombudsman