Sunderland City Council (21 013 425)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 17 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to implement parking restrictions on a road outside the complainants property. This is because there is insufficient evidence of fault in how the Council considered the matter.
The complaint
- The complainant, who I will call Mr X, complains that the Council refused to implement parking restrictions on the road outside his property. He says road users often park on the entrance of his driveway, making it difficult to manoeuvre his car out of the drive. This is made worse due to Mr X’s disabilities.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked the Council to introduce a disabled parking bay for him to use on the road outside his property. He said this would mean he could park on the road and be less impacted by road users blocking his driveway. When this was refused, he asked for double yellow lines to be introduced to stop people blocking his driveway.
- I will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council considered Mr X’s requests. The Council refused Mr X’s request for a disabled parking bay on the road because its policy states these will only be considered for residents who do not already have a dedicated parking space.
- The Council refused to consider implementing double yellow lines because it did not consider them to be necessary. This is because there is already legislation in place that restricts road users from blocking access to driveways.
- The Council told Mr X that if road users block his driveway, he could contact the police or civil enforcement officers, who could act. It also offered to mediate between Mr X and one of his neighbours, who regularly blocks Mr X’s driveway, but Mr X refused this offer. Whilst Mr X strongly disagrees with the Council’s responses to his requests, this does not mean it has done anything wrong and I see no evidence of fault in how it reached its decisions.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of faut by the Council.
Investigator's decision on behalf of the Ombudsman