The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council gave him inaccurate information, before moving to his new address, that he would be entitled to a parking permit. We cannot obtain the outcome Mr X seeks. It is reasonable for Mr X to pursue his legal remedy at court if he wishes to claim that he replied on the Council’s bad advice to his detriment.
The complaint
Mr X complains the Council refused him a parking permit when information on its website and confirmed during a telephone call indicated his property was eligible for one. Mr X says the Council refused a permit because there is a planning condition on his housing development preventing a resident from obtaining a parking zone permit. Mr X says he would not have bought his property if he had not been reassured that he was entitled to a parking permit. He says the Council’s view that his solicitor’s searches should have revealed the restriction is unfair and upsetting. He says it is a 15 to 20 minute walk to the nearest unrestricted parking. Mr X wants the Council to apologise and grant him a parking permit.
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 decide: any fault has not caused injustice to the person who complained, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6)) The law 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)
How I considered this complaint
I have considered Mr X’s information, comments, and reply to my draft decision statement. I have considered the Council’s replies to his complaint and the Council’s planning condition imposed when granting planning permission for the housing development in 2015.
My assessment
I will not investigate this complaint for the following reasons: The Ombudsman cannot achieve the outcome Mr X seeks which is a parking permit. The Council should comply with the planning condition which says that, except for a disabled person, no resident shall obtain a controlled parking zone permit.
The Ombudsman could not uphold the claimed injustice that Mr X would not have bought his property. The principle when buying a property is ‘buyer beware’. The planning condition was discoverable by Mr X’s solicitor via a search or check on the planning website. If a parking permit was of critical importance Mr X could have been expected to discuss the matter with his solicitor and obtain a guarantee in writing from the Council.
Mr X has a legal remedy at court if he wishes to claim harm/damages caused by his reliance on bad advice. Such a claim is outside the Ombudsman’s jurisdiction (see paragraph 3 above). The Council accepts its website information was incorrect and that the officer who gave telephone advice would have used it.
I consider it reasonable for Mr X to use his legal remedy. It is for the court to decide such a claim. The Council relies on a disclaimer on the website warning it is not responsible for ‘loss, damage or inconvenience’.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council gave him inaccurate information, before moving to his new address, that he would be entitled to a parking permit. We cannot obtain the outcome Mr X seeks. It is reasonable for Mr X to pursue his legal remedy at court if he wishes to claim that he replied on the Council’s bad advice to his detriment.
Investigator's decision on behalf of the Ombudsman