Summary: We will not investigate Miss X’s complaint about a Traffic Regulation Order which formalised parking restrictions on the road outside her home. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Miss X wants, which is to remove the double yellow lines and allow her to park on the road.

The complaint

1. The complainant, Miss X, complains the Council illegally painted double yellow lines on the road outside her house in 2021 and has now made a Traffic Regulation Order (TRO) to allow it to enforce the parking restrictions. She wants the Council to remove the yellow lines and allow her to park outside her house. She also wants the Council to stop buses using the road as she says they are damaging her house and causing too much noise.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

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My assessment

4. We will not investigate the complaint about the painting of the double yellow lines on the road in 2021. Miss X did not experience any injustice as a result of the Council’s omission to include the segment of road outside her house as she could continue to park outside her house.
5. In relation to the Council’s decision to make a TRO to enforce the double yellow lines, I have not seen enough evidence of fault by the Council and we cannot tell it to remove the double yellow lines. We could not therefore achieve the outcome Miss X wants.
6. Councils must consult on proposals to amend an existing TRO or make a new one but consultation is not a referendum. Councils may therefore decide to disregard objections and proceed with the TRO if they decide there are good reasons.
7. Miss X has provided evidence with her complaint to show the Council consulted residents and took into account their comments but ultimately decided to proceed with the TRO and this was a decision it was entitled to make. If Miss X or any other resident believes the Council has not properly followed the formal consultation process and that the TRO should be quashed they may apply to the High Court to challenge it. But this is not an outcome we can achieve.
8. We also cannot say the Council must stop buses from using Miss X’s road as there are no restrictions on use of the road by certain vehicles. If Miss X has evidence to show buses are damaging her property this would be a matter for the courts.

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Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and we cannot achieve the outcome Miss X wants.

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Investigator's decision on behalf of the Ombudsman