LGO (Local Government & Social Care Ombudsman) Other

Scarborough Borough Council

22-007-726 · Transport And Highways › Other · Decision date: 29 September 2022 · View Scarborough and North East Yorkshire Health Care NHS Trust scorecard

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint of obstructive parking as there is insufficient remaining injustice caused to Mr X to warrant our involvement.

The complaint

Mr X complains the Council failed to take action for four days about a car parked over a dropped kerb. Mr X is disabled and the parked car made it difficult and dangerous for him to exit his drive. Mr X also complains the Council’s procedure is flawed.

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 injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))

How I considered this complaint

I considered information provided by the complainant.

I considered the Ombudsman’s Assessment Code.

My assessment

Mr X complains the Council took no action for four days after he had reported a car parked over a dropped kerb which was making it difficult for him to exit his drive. Mr X complains the Council’s explanation that it needed written permission from him to take enforcement action is flawed given he had already submitted a written complaint about the matter.

While I recognise Mr X was caused difficulty over a period of a few days, this does not represent a level of outstanding injustice that would warrant our involvement. We will not therefore investigate.

Final decision

We will not investigate Mr X’s complaint because there is insufficient remaining injustice caused to him from it.

Investigator's decision on behalf of the Ombudsman