The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to introduce parking restrictions on one side of a road only when Mr X had asked for both sides to be restricted. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the Council painting yellow line restrictions on one side of a road where he lives when residents including him wanted the restrictions on both sides. He says adding parking bays to the opposite side has caused traffic problems and risks to local residents.
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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
Mr X says he and other residents asked the Council to provide parking restrictions on a road more than four years ago to prevent congestion and traffic hazards. In December 2022 the Council introduced a traffic regulation order which imposed parking restrictions by double yellow lines on one side of the road. On the opposite side it created parking bays. Mr X says residents wanted both sides to be restricted and the bays cause more traffic hazards than previous parking.
The Council processed the order correctly according to the provisions of the Road Traffic Regulation Act 1984 and Mr X was able to make his objections at the time. The Council is the highway authority and it has the final decision on whether or not to create a traffic order. Even if the majority of residents of an area object to a proposal, it can be introduced if the highway authority believes it is in the best interest of local traffic management.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
Final decision
We will not investigate this complaint about the Council’s decision to introduce parking restrictions on one side of a road only when Mr X had asked for both sides to be restricted. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman