Nottingham City Council (21 008 831)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 27 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to introduce parking restrictions in an area around Mr X’s home. This is because we are unlikely to find evidence of fault by the Council.
The complaint
- The complainant, who I refer to as Mr X, complains the Council has decided not to introduce parking restrictions in the area of road around his property despite parking cars making access difficult for him and devaluing his property.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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)
- We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X, including the Council’s response to his complaint
- I considered the Ombudsman’s Assessment Code.
My assessment
- Due to vehicles parking in his road which can make it difficult for Mr X to access his property, he complained to the Council seeking the introduction of a residents’ parking scheme or parking restrictions.
- Officers visited the site and while a residents’ parking scheme was considered too costly for the small area involved, they suggested the street could benefit from single or double yellow lines. In accordance with Council procedures, this suggestion was put forward to the local councillors meeting where funding for such requests is decided. Councillors decided to turn down Mr X’s request and he says this was due to party political issues as the councillors involved were unwilling to allocate funds to an area which would not affect their vote.
- While I understand Mr X is disappointed with the decision, it is not our role to act as a point of appeal. We cannot question decisions taken by a council if it has followed the right steps and considered the relevant evidence and information. It is for the Council to decide what priority to give parking restriction requests and its current policy requires local councillors to make these decisions. I have seen no evidence to suggest fault affected the Council’s decision here.
Final decision
- We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman