The Ombudsman's final decision
Summary: We will not investigate this complaint about a request for new highway regulations to be added to a highway. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mrs X complained about the Council’s failure to provide access and parking restrictions on a back lane which serves as access to her home. She says her car access has been obstructed by inconsiderate parking on several occasions.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says she wants the Council to provide access only signs and double yellow lines on the back lane which serves as access to her home parking area. She says inconsiderate drivers park in places which restricts her access and also impeded refuse collectors on occasions.
The Council told her it has considered her request and is gathering information about the situation. If there is sufficient support for new restrictions then it will consider introducing a Traffic Regulation Order to incorporate the changes it has identified. The Road Traffic Regulation Act 1984 sets out the process whereby a highway authority can introduce new restrictions on a highway. Without a valid TRO any new restrictions would have no legal authority and could not be enforced.
The Council advised Mrs X that there are no statutory timescales for creating orders and it has a waiting list so it is unlikely it could be added until 2023/24 if it was to be progressed by the highway authority.
When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions. It is a matter for the highway authority to decide if Mrs X’s request for new restrictions should be added to its list for new Traffic Orders.
Final decision
We will not investigate this complaint about a request for new highway regulations to be added to a highway. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman