Summary: We will not investigate this complaint about the installation of double yellow lines outside the complainant’s business. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council installed double yellow lines outside his business. He says there was no consultation and the restrictions have a negative impact on his business, staff and customers. Mr X wants the Council to review the restrictions and remove them.

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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 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 Mr X and the Council. This includes the complaint correspondence and consideration of the objections by the Council. I also considered our Assessment Code.

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My assessment

4. The Council received reports of traffic issues in a road and requests for restrictions. The Council proposed parking restrictions to improve visibility and traffic flow. Councils must follow a statutory process to create parking restrictions. To meet these obligations the Council advertised the proposal on its website, on street columns and in a paper. It received four objections. One objection included comments about the impact on a business.
5. The Council considered the objections but decided to approve the proposal. The notes show the Council considered each objection and commented on why the objection did not over-ride the proposal. The Council subsequently approved the proposal and painted double yellow lines.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. It is unfortunate Mr X did not see the proposal but the Council followed the correct process and there is no requirement for direct consultation with individuals. Even if Mr X had objected, it seems unlikely it would have led to a different outcome because similar points were made by someone else.
7. I appreciate Mr X disagrees with the double yellow lines, but I not seen any suggestion of fault and there is no reason to start an investigation.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman