Summary: We will not investigate this complaint about road markings because further investigation would not lead to a different outcome and there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mr Y complained the Council has failed to stop vehicles parking over a dropped kerb access which leads to his property. This is causing problems for Mr Y as he is regularly unable to gain access to his property.

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The Ombudsman’s role and powers

2. 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 or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y says vehicles are parking across a dropped kerb access to a square leading to his property. He believes this is because a loading bay has been painted on the road along the dropped kerb, which provides access to the square.
5. The Council says the bay is only advisory and the area Mr Y’s property is not part of its adopted highways. It recognises that parking restrictions do need to be reconsidered but said it would need to do this through a Traffic Regulation Order (TRO). It explained it was drafting a TRO to amend restrictions but said it needed to complete a statutory process to do so, which would take time.
6. While this may cause Mr Y frustration and he may experience difficulties accessing his property by vehicle, if we were to investigate and find fault causing injustice, we would most likely only be able to recommend that the Council consider changing the restrictions using a TRO. As it is already doing this, while it may take time, further investigation would not lead to a different outcome, so no worthwhile outcome is achievable by our investigation. Consequently, we will not investigate this complaint.

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Final decision

7. We will not investigate Mr Y’s complaint because further investigation would not lead to a different outcome and there is no worthwhile outcome achievable by our investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman