Summary: We will not investigate Mr X’s complaint about the installation and enforcement of double yellow lines. This is because much of it is late and there is not enough evidence of significant injustice to justify an investigation into the remaining matters.

The complaint

1. Mr X complains that the Council failed to include his address when consulting on double yellow lines outside his property. He says the Council acknowledged this error in 2022 and promised to resolve it but did not complete all the agreed actions. He says the lines are poorly maintained, create safety risks, and are not properly enforced. He wants the Council to extend and repaint the lines, maintain and enforce them properly and review safety.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2021, the Council proposed installing double yellow lines on Mr X’s road. Although it carried out the required consultation (including public notices and adverts), it failed to send a consultation letter to Mr X, for which it later apologised.
8. The changes were implemented but Mr X raised concerns that the lines did not extend far enough, which makes it difficult to see when exiting his driveway. He reports that vehicles now park opposite his property, reducing visibility, and believes the situation is unsafe. He also says the Council has not consistently maintained the lines and enforced the parking restrictions.
9. The Council acknowledged it failed to notify Mr X but confirmed the consultation remained legally valid and considered this issue resolved. To address his concerns, it agreed to extend the double yellow lines near his driveway and increased enforcement activity.
10. After reviewing accident data, it rejected Mr X’s claims of increased congestion or safety risk and maintained that the current layout is adequate with proper enforcement.
11. We usually expect people to complain to us within 12 months of the events they are complaining about. Mr X’s complaint about the initial consultation is late and I see no good reason he could not have complained to us about this sooner, so I will not exercise discretion to investigate.
12. We will also not investigate Mr X’s complaint as there is not enough significant injustice to justify an investigation. In addition, the Council has considered the road layout and satisfied itself it is adequate. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

13. We will not investigate Mr X’s complaint. Much of the matter is late, and for the parts we can consider, there is not enough significant injustice to justify an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman