The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council delayed in dealing with his concern about misuse of parking permits on his street and how it communicated with him. The Council has taken appropriate action by reviewing the permits, withdrawing a permit from a neighbour not entitled, and writing to that address. The Council has written to Mr X to apologise/acknowledge the time and trouble and frustrations he has had pursuing the matter.
The complaint
Mr X complains the Council issued parking permits to neighbours who are not entitled to them under its policy because they have off street parking. Mr X says he reported the misuse of permits to the Council in March 2021 and again in June because it had not done anything. He says the Council’s review of the permits did not stop one address continuing to misuse two permits. Mr X says at times he could not park near his home. He says the Council caused him time, trouble, and irritation.
Mr X complains the Council’s complaint replies and communications have been poor. It failed to reply to his initial emails and took months to do anything. It then quoted data protection as a reason for not informing him of the outcome when he had not asked for personal information. Mr X says the Council caused him time and trouble.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with a council’s actions or proposed actions.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I have considered Mr X’s information and comments including his communications following my draft decision statement. I have discussed the complaint with him by telephone. I have considered the Council’s policy and the complaint replies to Mr X. I have considered internet street scene views of the road and discussed them with Mr X. The Council has provided the parking permit file for one property which had a permit to which it was not entitled.
My assessment
I will not consider this complaint further because I am satisfied with the actions taken by the Council: By the summer of 2021, the Council had visited the area and reviewed the parking permits. In early August it cancelled a permit at the property of most concern to Mr X because there was off street parking and no entitlement. The Council considered the practice implications and says it has improved the checks to ensure permits are properly issued.
Later in the year Mr X reported the neighbour continuing to park two vehicles on the street and displaying permits. He was reporting an enforcement issue which the Council, knowing there were no valid resident permits at that address, needed to deal with. Following my contact, the Council wrote to the occupier in January requesting the return of permits and confirming the position. I am satisfied the Council took appropriate action albeit it delayed in doing so. Should there be further incidents Mr X can report them to the Council which will need to consider how to respond.
The Council has agreed my recommendation to write to Mr X and apologise for the time taken to deal with the enforcement issue and to acknowledge the time he has spent pursuing the matter and his frustrations. I also advised the Council it was wrong to send Mr X to discuss the issue with the County Council when the Borough Council is responsible for practical parking enforcement. The Council has written to Mr X in a way which is sufficient for the Ombudsman to conclude the complaint. There is insufficient ongoing injustice or public interest to pursue the complaint further.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council delayed in dealing with his concern about misuse of parking permits on his street and how it communicated with him. The Council has taken appropriate action by reviewing the permits, withdrawing a permit from a neighbour not entitled, and writing to that address. The Council has written to Mr X to apologise/acknowledge the time and trouble and frustrations he has had pursuing the matter.
Investigator's decision on behalf of the Ombudsman