Summary: We will not investigate this complaint about the introduction of a traffic order for parking restrictions. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council introducing parking restrictions in the form of yellow lines without properly consulting residents. He says he and local councillors were misled about the extent of the restrictions which came into force in 2021.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council painted double yellow parking restrictions in front of his home without prior consultation with residents. He says there was no local need for the restriction to be extended from a nearby corner and that local councillors understood that this was to be the limit of the restrictions.
6. The Council says that it implemented a traffic order following requests for traffic management from local residents. It considered that parking restrictions would reduce the risk from passing vehicles. The street was included in an amendment to an existing traffic order for the area, but this was subsequently changed to being included in an experimental traffic order for the street. The Council says it carried out the statutory notification in the press and on site, but it does not generally carry out individual consultation with residents on orders for parking schemes and there is no requirement for it to do so.
7. Mr X complained about the lack of consultation and that his local councillors appeared to believe the restrictions would be less extensive than they are. The Council says the period for being able to object has passed but any objections may be made and considered in a post-implementation review.
8. The traffic order was made in November 2021 and it may still be possible for anyone who wishes to challenge the validity of the order to do so to the courts within the 6-week period from the making of the order.
9. The Council has explained to Mr X why it considered the restrictions were required and it may amend the order based on any objections it receives before the review.

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Final decision

10. We will not investigate this complaint about the introduction of a traffic order for parking restrictions. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman