The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to paint double yellow lines outside the complainant’s house. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, complains the Council painted double yellow lines outside her house. She wants to park outside her house to help with health issues and for visitors to be able to park. She says the lines will depreciate the value of her house. Ms X wants the Council to remove the lines so they are not in front of her house.
The Ombudsman’s role and powers
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 information provided by Ms X. This includes the complaint correspondence and a photograph of Ms X’s house and the yellow lines. I also considered our Assessment Code.
My assessment
The Highway Code tells drivers not to stop or park on a bend.
In early 2023 (possibly March) the Council painted yellow lines around a bend and extending in front of Ms X’s house. The lines prevent parking inf front of Ms X’s house. Ms X complained and asked the Council to remove the lines from outside her home.
In response the Council said it had installed the lines to protect visibility and prevent obstructions. It referred to the Highway Code and said there are concerns about safety at this location because there have been some incidents. The Council said Ms X has off-street parking at the rear of her property.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the photograph of Ms X’s house and it is on the edge of a bend. The Council’s decision to install the lines reflects the Highway Code. In addition, the Council explained why the lines are needed for safety issues. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
I also will not start an investigation because this is a late complaint. Ms X has known about the lines since early 2023 and the Council signposted her to us in July 2023. But, Ms X did not complain to us until May 2024, more than a year after the lines were painted. I have not seen any good reason why Ms X could not have complained to us during 2023. That said, even if she complained last year we would still not have investigated the complaint due to an absence of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because it is a late complaint.
Investigator's decision on behalf of the Ombudsman