Summary: Mr X complained about the Council’s responses to him about the use of his street by heavy goods vehicles and a request for parking restrictions. We should not investigate the complaints. This is because the Council should consider his complaint about heavy goods vehicles through its complaints procedure first, and it is unlikely we would find fault with the Council’s decision not to introduce parking restrictions.

The complaint

1. Mr X complained the Council has not done enough to prevent the use of his street by heavy goods vehicles (HGVs) and will not introduce parking restrictions on the street. Mr X said a lorry had already damaged his fence and he feared someone would get hurt. He said inconsiderate parking affects residents’ ability to get in and out of their properties.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. (Local Government Act 1974, section 34(3), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

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How I considered this complaint

4. I read Mr X’s complaint and the Council’s responses to his complaints.
5. Mr X had an opportunity to comment on my draft decision. I considered his comments before making this final decision.

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What I found

HGV restrictions

6. Mr X said he had asked the Council to introduce measures to prevent HGVs using his street. However the Council has not responded to such a request through its complaints procedure.

Parking restrictions

7. In 2020 Mr X asked the Council to reconsider parking restrictions on his street. He said the level of on street parking was making it dangerous to cross the road. He said there had been many ‘near misses’. He said the parking also made it difficult for residents to get in and out of their driveways.
8. Mr X also told the Council when a lorry had knocked his fence down while trying to turn round. He said the lorry had little room to turn because of other parked vehicles.
9. The Council responded to Mr X and explained its approach to responding to traffic safety and parking requests. It said it was currently directing its spending on traffic safety and parking measures where there was a poor history of accidents causing personal injury. The records for Mr X’s area showed no personal injury accidents had been reported to the police in the last five years. That meant the area did not meet the Council’s criteria for implementing parking restrictions.
10. The Council also said it would normally only introduce parking restrictions as part of a larger scheme where it had established there would be benefits to the whole community. It said introducing parking restrictions was not always welcome to local residents and businesses. It advised Mr X on other things he could do that might help with the parking problems.

Analysis

HGV restrictions

11. We have asked the Council to put this part of Mr X’s complaint through its complaints procedure. Mr X can make a new complaint to us about this issue if he is unhappy with the Council’s response.

Parking restrictions

12. The Council has a responsibility to use public funds carefully. It has criteria for where it will spend money on requests for parking restrictions. Mr X’s street does not currently qualify for spending and the Council has explained this to him.
13. Mr X disagreed with the Council’s view. However, the Council followed its own procedures and took into account the relevant issues for reaching its view. It is unlikely we would find any fault in the way the decision was reached so we should not investigate Mr X’s complaint.

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Final decision

14. We should not investigate this complaint because:
• the Council should consider his complaint about HGV restrictions through its complaints procedure first; and
• it is unlikely we would find fault with the Council’s decision not to introduce parking restrictions on Mr X’s street.

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Investigator's decision on behalf of the Ombudsman