The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council introducing parking restrictions outside Mr X’s home. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council building a pedestrian refuge island near his home and the associated yellow line parking restrictions. He was previously able to park outside his home but now has to park some distance away. He does not consider the highway improvements to be necessary and believes the Council should consider an alternative.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr x says the Council has placed double yellow parking restriction lines outside his home when it introduced a pedestrian island. He says there is no need for the island in this location and that he seldom sees anyone crossing there. He can no longer park near his home as he has been able to for decades.
The Council told him that the highway improvements are part of the infrastructure works for a new residential development of over 260 homes. Where the access for the development meets the existing road, it identified a need to encourage walking, cycling and use of public transport and the island is part of this. The outline plans for the development were approved in 2014 and residents were consulted and able to submit comments. The plans included conditions by the highway authority to encourage sustainable travel for the new development.
There is no statutory right to park on the highway outside your home. Where there are no restrictions, motorists can park without charge but the highway authority has powers to new introduce restrictions and infrastructure which may curtail this. Whilst Mr X may disagree with the highway changes, this was not due to fault by the Council.
Final decision
We will not investigate this complaint about the Council introducing parking restrictions outside Mr X’s home. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman