Barnsley Metropolitan Borough Council (25 003 145)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 05 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint the council’s actions led to a loss of income for Mr X. This is because he has the opportunity of obtaining a remedy by taking the matter to court which places the complaint outside our jurisdiction.
The complaint
- Mr X complained the Council did not complete a legal impact survey before it painted double yellow lines on the road outside his business premises. He said the parking restrictions have caused him to lose £40,000 in trade because his customers can no longer park outside. He would like the Council to pay him £35,000 for his financial loss.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained parking restrictions outside his business premises had caused him to lose income because his customers could no longer park outside.
- In its complaint response, the Council said it had correctly followed the statutory process to obtain a Traffic Regulation Order (TRO) for the parking restrictions outside Mr X’s premises. It said objections to the parking restrictions had been considered.
- The Council informed Mr X how he could make a claim for loss of income via its insurers.
- Mr X has the opportunity of taking the matter to court and we would reasonably expect him to seek redress in this way. Therefore, the complaint falls out of our jurisdiction and will not be investigated.
Final decision
- We will not investigate Mr X’s complaint because he has the opportunity to obtain a remedy by taking the matter to court so placing the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman