Summary: We will not exercise discretion to investigate this complaint about parking restrictions requested by Miss X and the Council’s decisions. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

The complaint

1. Miss X complained about the Council’s refusal to provide double yellow lines on the road opposite her driveway entrance. She says parked vehicles can make it very difficult for her to us her access. She asked the Council in 2023 to place the restrictions and it decided to install restrictions on a wider area including in front of her drive but mot opposite. Miss X says this will not be sufficient to resolve her problems.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

5. Miss X says her driveway can be obstructed by vehicles parked on the opposite side of the road and asked the Council to provide double yellow lines there in 2023. The Council investigated the site and told her in 2023 that it would carry out a parking review. The review resulted in the Council seeking a traffic regulation order to create yellow lines in a wider part of the area, including across the front of her driveway. It did not include the road opposite because the Council says this was not necessary.
6. Miss X does not want the proposed works to go ahead and the Council advised her in 2023 to contact the Ombudsman if she was unhappy with the proposed order.
7. We will not investigate this complaint which was received outside the normal 12-month period and is late. I have seen no evidence to suggest that Miss X could not have complained to us sooner. Miss X was advised of her right to complaint to us as long ago as 2023.
8. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.

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Final decision

9. We will not exercise discretion to investigate this complaint about parking restrictions requested by Miss X and the Council’s decisions. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman