Summary: We will not investigate this complaint about the Council’s refusal to control resident parking and maintenance of trees on the public highway. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to prevent residents of a nearby street from parking on the street where he lives. He says the Council should write to the residents and advise them to park in their own area. He also says the Council should take action to prevent leaves and debris from the trees from falling on cars which is causing the residents to park elsewhere.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says residents from a neighbouring street are parking on the street where he lives which reduces the amount of space available for him and other residents. He asked the Council to write to the neighbouring residents telling them to park on the street where they live. The Council told him that it would not do this because there are no parking restrictions and taxed vehicles can be parked anywhere in the area.
6. Mr X says the reason for the displaced parking is due to leaves, sap and droppings falling on cars parked in the neighbouring street and the Council should take action to reduce this. The Council says it has no responsibility to prevent natural debris from falling on the highway. Unless there are any loose branches which could cause damage, it will not take further action.
7. The Council is the highway authority and it can take enforcement action against vehicles parked contrary to parking restrictions. If there are no restrictions then any taxed vehicle may be parked anywhere on the highway and the highway authority has no powers to require them to park elsewhere. The Council was correct to refuse Mr X’s request because it would be unreasonable for it to take such action.
8. Mr X has not suffered any damage to his car from falling debris form the trees. Anyone who does suffer damage to their vehicle could submit a claim against the Council’s insurance. It would be for insurers or the courts to determine liability for the damage as this is a civil matter.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to control resident parking and maintenance of trees on the public highway. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman