The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the introduction of a traffic order which has resulted in changes to footway parking in the street where Ms X lives. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us when traffic order was proposed in 2021/22.
The complaint
Ms X complained about the Council’s removal of footway parking in her street. She says as a result the street has become too narrow for parking where the footway was removed on part of it. She wants the Council to re-instate the footway parking along her street and that this would comply with its Footway Parking policy introduced in April 2023.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained about the Council removing part of the footway and preventing footway parking on part of the street where she lives. She says that this is contrary to the Council’s Footway Parking Policy. The Council says the changes to the footway parking were introduced under a Traffic Management order for the area which introduced a controlled parking zone. This pre-dates the Footway Parking Policy.
The Council carried out local consultation with residents in 2021 and again in 2022. Ms X could have made objections to the scheme at the time. Although the scheme has only been implemented since 2023 there were opportunities to object before the order of making. Following Ms X’s complaint and those by other residents the Council says that although it will consider re-instating some footway parking, it cannot make further amendments to the road marking layout for parking as this would require a new traffic order.
The Council is the highway authority and it has powers to introduce orders or not to do so according to local requirements. These are statutory powers and there is no duty to make changes using traffic orders if it is satisfied the current layout is acceptable.
Final decision
We will not exercise discretion to investigate this complaint about the introduction of a traffic order which has resulted in changes to footway parking in the street where Ms X lives. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us when traffic order was proposed in 2021/22.
Investigator's decision on behalf of the Ombudsman