Summary: We will not investigate this complaint about road markings near the complainant’s home. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council’s refusal to repaint ‘Keep Clear’ markings on the road outside her home. She says the word markings have faded and she is concerned that neighbours and visitors to her cul-de-sac will obstruct her driveway.

Back to top

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 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, or

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

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X says the Keep Clear wording painted on the road outside her driveway in a cul-de-sac has become faded and she asked the Council to repaint it. The Council told her that it no longer uses the painted wording in these situations and that an advisory disabled H-bar line would normally be applied. Mrs X says this would not be suitable for her location as cars parked near the line may still cause obstruction.
7. The wording on the road surface is not enforceable and is advisory only. The Council is the highway authority and it must decide what signage is appropriate for a particular location on the highway.
8. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions. In this case the Council has explained to Mrs X and her member of Parliament why it will not repaint the wording on the highway and the matter is closed.

Back to top

Final decision

9. We will not investigate this complaint about road markings near the complainant’s home. This is because there is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman