Summary: There was fault by the Council as there was delay in considering a residents request for parking restrictions. There is no evidence of how officers decided not to consult on installing double yellow lines, but the Council has now reached a decision. The Council’s goodwill contribution towards a H bar marking, payment and agreement to keep Mr X informed about fencing to stop vehicles parking on verges is a satisfactory remedy to this complaint.

The complaint

1. The complainant, who I shall call Mr X, complains the Council has not carried out the consultation process for double yellow lines on his road, which officers said they would do in March 2020.
2. Mr X says that parked cars obstruct his drive and cause road safety issues on his road.

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The Ombudsman’s role and powers

3. 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 an organisation’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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read the papers put in by Mr X and discussed the complaint with him.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Key facts

8. In 2018 the Council sent a letter to residents advising them to remove stones on verges. Officer A, a highway officer, met Mr X on site to discuss parking issues.
9. In 2019, Officer A met with a parish councillor and Mr X on site to discuss the issues and possible options for the location. Highways say they drafted proposals in case of public consultation, but there is no evidence of this.
10. In 2020 Officer A asked Mr X to re-send some photos which he did. Mr X complained in November that no progress was happening.
11. Officer A emailed Mr X on 6 November 2020 saying ‘I have asked for an update on the yellow line application I submitted from this area. Once a response has come back I will find out where your complaint should be placed to have it responded to’.
12. In November 2021 the Council suggested a white H bar marking to highlight Mr X’s drive entrance. The Council said ‘a double yellow line scheme would require a statutory consultation and there is no guarantee the result would be a majority in favour’. The Council also suggested looking at the option of post and rail fencing to prevent parking on the verge subject to funding.
13. The Council painted the white H bar marking across Mr X’s drive in April 2022. It would normally charge £204 for this, but has not charged Mr X as a goodwill gesture. The Council has said it would not place a H-bar over the garage access to the rear of Mr X’s property as this is not adopted highway.
14. In response to my enquiries the Council said ‘we've not received a formal application for a waiting parking restriction. The initial contact was about an obstruction on the verge by the resident which is an enforcement issue. This then started discussions on possible options for protecting the verge from parked vehicles and any associated road safety issues with that. These discussions were with the resident, the parish and internally within the highways team. There are no written documents as there was no original formal written request. Discussions were verbal or via email on the parking issue and the possible options. The Traffic & Network team visited the site twice to make their own assessment following up on a request from the enforcement officer. On neither occasion were significant issues witnessed and this was reported back to the team's manager. Following these two visits, the option for installing double yellow lines was made and considered not suitable because:
• It may simply push any existing parking issues into other parts of the estate.
• There are no other restrictions in this estate making it difficult and inefficient to provide regular visits from enforcement officers. For this reason it is likely drivers would ignore the restrictions.
• The surface here is block paving, any lining would wear away much more quickly than on an asphalt surface and would require more maintenance to keep them visible enough to enforce.

My analysis

15. Mr X has been in contact with the Council from 2018 about parking issues, yet it was not till he made an official complaint in November 2021 that he was informed that the Council did not intend to continue with the double yellow line proposal. The Council has only clearly explained its reasons for this in response to my further enquiries in 2022.
16. My view is there has been delay and fault by the Council. The Council did not tell Mr X there was a formal written process he could follow and raised his expectations from several site meetings and asking him to provide evidence that double yellow lines would be consulted on. There are no written records to support how officers made the decision not to proceed at the time. The matter has been left for Mr X to chase up, which has put him to time and trouble in pursing the complaint.
17. My role is not to decide whether there should be highways restrictions on Mr X’s road. And it does seem that while the original highway officers view was that this could be possible, it has been decided not to go ahead with consultation on double yellow lines. But it is not clear exactly how the decision process has worked as there are no written records. This is fault and has caused Mr X injustice, his expectations were raised and he has had to chase the matter up on several occasions.
18. I note the Council has painted the white H bar marking in front of Mr X’s drive for free as a goodwill gestures. But, in addition to this I recommend the Council pays Mr X £250 towards his time and trouble in pursuing the complaint. If Mr X chooses, he can make a formal application via the form available on the Council’s website to ask for a white H bar marking over the access to his garage. If the Council approves the application, then Mr X can use the payment from the Council to pay for this. If it is refused, then Mr X will be sure the Council has correctly carried out its decision making process.
19. In relation to the double yellow lines, I have considered whether to ask the Council to repeat its consideration of this issue so Mr X can be sure that all the information has been considered. But, I am conscious the Council has already given reasons why it does not intend to consult on double yellow lines and it is unlikely the decision will change. So, I do not consider this would provide the result Mr X wants and do not intend to recommend it as a remedy. I will, however, ask the Council to keep Mr X updated every 3 months on the progress with the post and rail fencing.

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Agreed action

20. The Council paints a white H-bar marking over the entrance to Mr X’s driveway at the front of his house. (This part of the remedy is already complete.)
21. The Council will pay Mr X £250 towards his time and trouble in pursuing the complaint within one month of the date of the decision on this complaint.
22. The Council will keep Mr X updated every three months with its progress on installing post and rail fencing on the verge. These updates should stop either when the Council installs the fencing or tells Mr X the fencing will not be put in place.

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Final decision

23. I have completed my investigation of this complaint. This complaint is upheld, as there is evidence of fault that has caused injustice. I consider the actions identified above will remedy the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman