Summary: We will not investigate Mr X’s complaint about the Council’s refusal to install an ‘H-bar’ marking on the road outside his property. This is because the Council’s decision does not cause Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains the Council has refused to install an ‘H-bar’ marking on the public highway outside his property to prevent inconsiderate motorists from obstructing access to his driveway via a dropped kerb.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. While H-bar markings can warn motorists of the need to keep access-ways clear they are not legally enforceable. Councils have the power to issue penalty charge notices where vehicles are obstructing a dropped kerb but it can do this with or without an H-bar marking in the road.
5. While Mr X believes an H-bar marking would improve the situation for him I do not consider the Council’s refusal to install one causes him significant injustice. This is because Mr X’s injustice stems from the inconsiderate actions of motorists and the installation of an H-bar marking neither prevents such actions nor gives the Council any additional powers to deal with them.
6. If Mr X believes cars have obstructed his driveway he may report this to the Council and, if possible, its parking enforcement contractor may be able to visit to determine whether it can issue a penalty charge notice.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence to show the Council’s actions have caused Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman