Summary: We will not investigate this complaint that the Council has failed to take action to address parking problems where he lives, which causes damage to the footway and obstructs the road. This is primarily because we are satisfied with the action the Council has already taken and proposed to take in response to the complaint.

The complaint

1. Mr X complains the Council has failed to take action to stop large lorries from parking on and damaging the pavement near to his home, and from blocking the road whilst waiting to enter a builders merchants’ yard. He says the pavement is in a serious state of disrepair and is dangerous to the public. Mr X says the situation is made worse by vehicles awaiting repair at a mechanics workshop being allowed to park along the road.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can 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. So, we do not start an investigation if we decide we are satisfied with the action the Council has already taken or proposed to take in response to the complaint. (Local Government Act 1974, section 24A(7), as amended, section 34(B))
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. The law also says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The 12-month time restriction detailed in paragraph 4 above would apply to any parts of the complaint about issues or events which Mr X was aware of several years ago. I see no reason why he was prevented from raising any related concerns sooner, so we will not investigate these historic matters now.
8. And in relation to Mr X’s more recent correspondence with the Council in 2024, its Stage 2 complaint response:

• explained the loading and parking restrictions which apply at various points along the road, and when a penalty charge notice (PCN) can be issued. It has reminded enforcement officers to issue PCNs to any vehicle parked in contravention of the restrictions, and commenced targeted enforcement at the location. Between mid-January and late-April 2024, enforcement officers attended on 118 occasions and issued 27 PCNs.
• gave Mr X contact details to report any vehicles being repaired on the highway by the mechanics workshop.
• gave Mr X contact details to report illegally parked vehicles. An enforcement officer can then be sent to the location if available, and it also helps to gather intelligence about when illegal parking may be taking place.
• says the Highways Management team visited the location in February 2024, and repairs were made to two damaged guard rails. A further visit was arranged for May 2024, to assess the damage to the footway/kerb and identify any necessary repairs that meet the intervention threshold.
• says the existing yellow lines have been refreshed, and it explained how a request for additional parking restrictions can be made and considered.
• confirmed it had written to the business receiving the deliveries from the large lorries, asking it to give greater consideration to managing its delivery logistics and to instruct its suppliers not to block the road and pavements.
• said it would continue to review the enforcement action for a further 4 months, with a view to achieving greater compliance and then completing any necessary repairs to the foot way and street furniture.

9. I am satisfied with the action the Council has already taken and proposed to take in response to Mr X’s complaint, so the Ombudsman will not start an investigation.
10. Finally, if Mr X believes the Council is responsible for any personal injury caused then, with reference to paragraph 5 above, we would normally expect him to pursue a court remedy. This is because such matters are essentially negligence claims, which the courts are best placed to consider.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because we are satisfied with the action the Council has already taken and proposed to take in response to the issues he has raised.

Back to top

Investigator's decision on behalf of the Ombudsman