The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council refusing to paint a H-bar marking on the road outside his home. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr B complains the Council has refused to paint a H-bar marking outside his home to try to stop motorists parking in front of his driveway.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Mr B’s complaint the Council has said it does not have permission from the local highways authority to paint advisory markings, such as H-bar markings, on the highway. The Council also advised Mr B how he could report vehicles blocking his driveway.
I have not seen any information to suggest the information provided by the Council is wrong. Local highways authorities are generally responsible for managing the highway network and Mr B may pursue this matter with the local highways authority. If needed, Mr B may complain to us if he is not satisfied with the outcome.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman