The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that he is not eligible for a parking permit. This is because there is no sign of fault by the Council which would warrant an investigation.
The complaint
The complainant, whom I shall call Mr X, complains his address is not included in any of the parking schemes in his area and he is not eligible for a parking permit.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council because he is not eligible for a parking permit.
The Council explained he is not eligible for a permit because there was a planning condition placed on his property when planning permission was granted which means the address does not qualify for a parking permit.
Whilst I acknowledge Mr X is unhappy he is not eligible for a permit, this is not due to any fault by the Council. It is because of the planning condition attached to the granting of planning permission for his property.
An investigation by this office would not be able to add to the response already provided via the Council’s investigation.
It was for Mr X or his solicitor to check whether any restrictions such as this were in place as part of the checks and searches carried out on the property during the buying process.
Final decision
We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council and an investigation by this office would not be able to add to the response already provided via the Council’s investigation.
Investigator's decision on behalf of the Ombudsman