The Ombudsman's final decision
Summary: We will not investigate this complaint about lines on a road adjacent to a redundant dropped kerb. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains he has lines outside his house covering his dropped kerb. He wants the lines removed and a new line to protect his dropped kerb. Mr X says he is being discriminated against because other people who do not use their drives have them protected.
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 and images of the dropped kerb. I also considered our Assessment Code.
My assessment
A dropped kerb was built nearly 20 years ago on a property where Mr X now lives. The dropped kerb allowed direct access to a driveway. Since then, changes have been made to the property and a wall built adjacent to the dropped kerb; there is now no access to a driveway due to a wall blocking access.
In 2022 the Council painted lines to indicate where pavement parking is permitted. The lines and parking spaces include the redundant dropped kerb area outside Mr X’s home.
Mr X complains that other people who do not use their dropped kerbs have lines to protect their use. He says he is being discriminated against. He wants the Council to protect his dropped kerb or remove the protection offered to his neighbours’ dropped kerbs. Mr X wants to park a car on his drive but wants an assurance the dropped kerb would be protected.
The Council explained it painted lines alongside his dropped kerb because there is a wall which means it cannot be used. It said there is no reason why cars cannot park there as there is no in-use vehicle crossover. It explained that if Mr X removes the wall and re-instates the vehicular assess, it will arrange for the white lines to be adjusted to show there is a dropped kerb and parking is not permitted.
I will not start an investigation because there is insufficient evidence of fault by the Council. Mr X does not have a useable dropped kerb so it is irrelevant as to whether there are any lines to promote or prevent parking. It also makes no difference whether other properties have lines because the situation in relation to other properties does not alter the fact that Mr X has no dropped kerb to protect. We cannot ask the Council to add or remove any lines because Mr X does not have an accessible dropped kerb.
If, however, Mr X removes the wall then the Council will change the white lines to indicate cars should not park there. Given that Mr X currently has a dropped kerb that he cannot use, I would not expect the Council to do anything else or to change the markings outside any other properties.
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