Summary: We will not investigate this complaint about traffic management. This is because we are unlikely to find fault with the Council and another body is better placed to consider a complaint about police vehicles.

The complaint

1. Mr X complains about a police vehicle parking on a dropped kerb that has tactile paving and causes poor visibility of the road. He says he has limited mobility and walking around the vehicle increases his risk of falling. Mr X wants the Council to stop the police vehicle parking there.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about a police speed enforcement vehicle parking on private land. He said the vehicle obstructs the highway and makes it unsafe for pedestrians.
6. The Council explained to Mr X that police vehicles are exempt from enforcement action under the Traffic Management Act 2024. I understand Mr X wants the Council to ensure the police follow the same rules as the general public.
7. The Traffic Management Act 2024 says vehicles being used for police purposes are exempt from the prohibition of parking on dropped footways. Speed enforcement is a police purpose. This means the Council cannot take enforcement action against the police. I understand Mr X believes the Council is failing to meet its duties under the Equality Act, Public Sector Equality Duty and Human Rights laws. We cannot decide if an organisation has breached the Equality or Human Rights Acts as this can only be done by the courts. If Mr X believes the police are acting unlawfully by parking on tactile paving at a dropped footway, it is open to him to complain to that police force.
8. Mr X further complained the Council did not answer his specific questions about why the Council cannot take enforcement action against the police vehicle, and what authority allows the police to park there. The Council explained to Mr X the exemption under the Traffic Management Act and recommended he complain to the police force. We are unlikely to find fault with the Council because I am satisfied the Council properly considered Mr X’s concerns and responded appropriately to his complaint.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council and another body is better placed to consider his complaint about a police vehicle.

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Investigator's decision on behalf of the Ombudsman