Summary: We will not investigate this complaint about the Council failing to take action to stop vehicles driving over and parking on a ‘utility strip’ around the complainant’s road. There is insufficient evidence of fault in the way the Council has considered the matter, and obstruction of the highway is a matter for the Police.

The complaint

1. Mr X complained the Council had failed to take action to stop a neighbour driving vehicles over, and parking on, a strip of land which contains utilities equipment. He also says vehicles are parked perpendicular to the kerb, which obstructs the road and his driveway.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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, which included the complaint responses. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. I appreciate Mr X is unhappy his neighbour allows vehicles to drive over and park on the utility strip, and that the Council has not taken enforcement action to stop it happening.
5. But the Ombudsman is not an appeal body. This means we do not take a second look at a Council decision to decide if it was wrong. Instead, we look at whether there is evidence of fault in how it made its decision. If we decide there is insufficient evidence of fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
6. I consider there is insufficient evidence of fault in the way the Council has considered this matter, so we will not start an investigation.
7. The Council acknowledges the concerns Mr X has raised about the potential damage to underlying utility equipment and the use of the land for parking. But it explains enforcement action for every contravention of rules or laws is not always feasible. Its resources are limited, and it must prioritise cases based on the severity and potential impact. The Council says it has inspected the utility strip on multiple occasions, taken photographs, and consulted with the Highway Area Engineer. It concluded there was no immediate or significant risk that would warrant additional intervention in the public interest. That is a professional judgement the Council was entitled to reach, even if Mr X disagrees with it.
8. And in response to our enquiries, the Council has confirmed that if the road or the access to Mr X’s driveway is obstructed by parked vehicles, then these are matters for the Police.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council considered the matter, and the Police are better placed to consider his reports of obstruction of the highway/driveway.

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Investigator's decision on behalf of the Ombudsman