The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision she is not eligible for a parking permit. This is because there is no sign of fault in the Council’s decision.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s decision she 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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council when it refused her application for a parking permit. Miss X said the previous occupant had been issued a parking permit, albeit in error, so her application should also have been granted. Miss X explained she had received several parking tickets for parking on the road without the necessary permit and she cannot afford to privately rent a garage. For safety reasons she does not want to park her car far from her home.
The Council told Miss X she was not entitled to a parking permit because a restriction applies to newly built or converted properties such as hers which means they are not eligible for parking permits. It said this information is clearly stated on the Council’s website and this restriction applies across the city in all its permit zones. It considered Miss X’s request that it make an exception for her, but it decided it would be unfair to other residents to do so as it would not be applying the restriction fairly to all. It acknowledged the previous occupant of the property had been issued a permit however, this appears to have been granted due to an administrative error. This did not mean Miss X’s application should succeed. The Council also provided details of the planning conditions on the property which confirmed that as a newly created dwelling it would not be eligible for parking permits and as such was a car free development.
Whilst I acknowledge Miss X is unhappy with the Council’s decision there is no sign of fault in how it has considered and decided her application for a permit. Miss X’s property does not qualify. It is for the purchaser, or those appointed by the purchaser, to carry out relevant searches and checks to see whether any such restrictions apply to the property as a part of the property buying process. This information was readily available. Whilst it has offered some suggestions, the Council is not responsible for resolving Miss X’s parking difficulties. It has explained why it will not make an exception in Miss X’s case. There is nothing further we could add to the response the Council has already provided on this matter.
Final decision
We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s consideration of, and decision on, her application for a parking permit.
Investigator's decision on behalf of the Ombudsman