Summary: We will not investigate this complaint about the Council’s decision not to introduce further yellow lines on the complainants’ road. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainants, who I refer to as Mr and Mrs X, complain the Council has not acted on their request that further yellow lines and traffic calming measures be introduced on their road to address problems caused by a school sited nearby.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘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)
3. We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr and Mrs X, including the Council’s response to their complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Concerned about road safety and access issues caused by the presence of a school near their home, Mr and Mrs X asked the Council to consider introducing more yellow lines and traffic calming measures.
7. The Council considered their request but explained why it would not be taking further action. It addressed their subsequent complaint made about this matter but confirmed its decision that it would not be introducing further parking restrictions or traffic calming measures.
8. I understand Mr and Mrs X are disappointed with the Council’s decision. However, it is not our role to question decisions councils have made if the correct steps have been followed and the relevant evidence and information considered. The Council decided not to introduce the parking restrictions Mr and Mrs X want but I have seen no evidence to suggest there was fault in how the decision was made.

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Final decision

9. We will not investigate Mr and Mrs X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman