Summary: We will not investigate this complaint that the Council will not deal with pavement parking outside the complainant’s home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council will not take enforcement action over vehicles that park on the pavement outside her home. Ms X says pavement parking is not permitted and the parking amounts to harassment and intimidation. Ms X also complains the Council refused her request to install bollards.

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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 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))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the complaint correspondence. I also considered the Highway Code and our Assessment Code.

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My assessment

4. The Highway Code says drivers must not park on the pavement in London and should not do so elsewhere; pavement parking can cause inconvenience and obstructions.
5. Ms X asked the Council to deal with pavement parking outside her home. She explained the problems it causes and asked the Council to take enforcement action or install bollards.
6. The Council said it cannot act regarding the pavement parking because there are no parking restrictions outside Ms X’s home. The Council explained why the location does not meet the criteria for parking restrictions. It considered Ms X’s request for bollards and explained why they would not be appropriate. The Council also explained that parking issues cannot be a statutory nuisance as suggested by Ms X; it said she could report dangerous or obstructive parking to the police, who have the power to act.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Pavement parking is only prohibited in London and, without that prohibition, the Council is correct to say it cannot take enforcement action because there are no restrictions to enforce; outside London, the Highway Code in relation to pavement parking is only advisory.
8. The Council explained why it will not create parking restrictions or install bollards. I appreciate Ms X may disagree but a council is not required to agree to requests made by a resident. I can only consider how the Council responded and it did so correctly by assessing the request and explaining why it would not implement the request. The Council also correctly explained that the legislation does not permit parking issues to be treated as a statutory nuisance.
9. I appreciate Ms X disagrees with the Council’s response and she has explained the problems caused by the pavement parking; but, I have not seen any suggestion of fault in the way the Council responded so there is no reason to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman