Summary: We will not investigate Mr X’s complaint about the Council’s decision to increase on street parking restrictions near his home. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council did not appropriately consult local residents before deciding to extend parking restrictions near his home. He says the new restrictions reduce on street parking and cause him inconvenience. He wants the Council to reduce the parking restrictions to enable him to park near his home.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Every year Devon County Council considers requests from residents for amendments to local waiting restrictions. In 2023, the Council considered a proposal to increase parking restrictions at a junction near Mr X’s house.
6. In its complaint response to Mr X, the Council explained how the proposal was advertised. It said a notice advertising the proposal was placed in two local newspapers. A site notice was also erected on the street and details of the consultation were posted to all properties in the vicinity of the proposed changes.
7. The proposal was then considered by the Council’s highways committee. The minutes of the committee meeting note the proposal was advertised as stated above, but received no objections. The committee decided to approve the proposal.
8. Mr X states he did not receive notification of the proposed changes and does not believe the Council appropriately consulted with local residents before reaching its decision.
9. We will not investigate this complaint. Although I accept M X says he did not receive notification, there is insufficient evidence of fault in the Council’s decision making process. The Council’s website contains details about how the proposal was advertised and the dates of the consultation period. The committee meeting minutes evidence how the Council considered the proposal before deciding to approve it. There is insufficient evidence of fault to warrant an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman