Summary: We will not investigate this complaint about delay in processing a Traffic Regulation Order for parking restrictions. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to implement parking restrictions in his area.

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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 asked the Council to consider adding double yellow lines to his street in late 2019. The Council advertised the proposals for public consultation in January 2020. There is a two-year period in which an order must be made following consultation. The Council says the COVID-19 lockdown period meant that all its Traffic Orders were suspended until social distancing could be resolved.
6. Mr X complained in 2021 that the order had still not been made. The Council says it received objections to the original proposals and a modified order had to be devised incorporating modifications. This will be advertised for consultation shortly and if it is accepted then the notice of making will be issued.
7. The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means the Ombudsman will not intervene in disagreements about the merits of decisions. In this case the statutory timescale for making an order has not been breached and some of the delays were beyond the Council’s control.

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Final decision

8. We will not investigate this complaint about delay in processing a Traffic Regulation Order for parking restrictions. This is because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman