The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council does not prosecute drivers who park on the pavement. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council will not take enforcement action against drivers who park on the pavement. Mr X says this is illegal and he wants the Council to prosecute.
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))
How I considered this complaint
I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
London councils can issue Penalty Charge Notices for pavement parking. This restriction only applies within London.
In the rest of the country, whilst discouraged by the highway code, pavement parking is not prohibited and is not illegal as Mr X states.
Councils outside London can only take enforcement action if there are restrictions in place. As there are no restrictions in the areas highlighted by Mr X, the Council correctly told Mr X it cannot act and he should report obstructive parking to the police. The Council told Mr X how he could apply for restrictions to be added at a particular location.
I will not start an investigation because there is insufficient evidence of fault by the Council. This is because pavement parking, outside London, is not prohibited and there is no action the Council can take. It has, however, correctly signposted Mr X to the police in relation to obstructive parking.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman