The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to issue the complainant with a parking permit. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, complains the Council will not give her 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 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X. This includes the complaint response. I also considered information on the Council’s website and our Assessment Code.
My assessment
The Council operates a parking permit scheme in some areas. The Council’s website lists the roads that are included in the scheme and explains that permits may be available to people who live on one of the listed roads.
Ms X moved to her home in 2023. Her property is not listed as one that is eligible for a permit.
Ms X asked the Council for a permit. She explained her road is the only one in the immediate area that is ineligible for permits. Ms X asked the Council for a temporary or special permit.
The Council said it could not issue a permit because her road is not included in the Traffic Regulation Order (TRO). It explained the TRO would need to be amended to add new roads and amending a TRO is a legal process requiring consultation and adoption. It explained this is a lengthy process. The Council said it is considering the permit scheme as part of the current parking review.
Ms X says she is being discriminated against as near-by roads are included in the scheme. She has to park a long way from home which is inconvenient. Ms X says she does not know when the parking review will be concluded. Ms X wants the Council to give her a temporary permit.
I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X’s road is not listed as a road eligible for permits. I appreciate Ms X disagrees because other roads are included but the Council has correctly explained that a permit can only be issued for roads included in the TRO. The Council cannot just add a road and, even if tried to amend the TRO, there is no guarantee the change would be approved.
The Council has explained it will consider the permit scheme as part of the current review. If Ms X wants further information about the review she could contact her local councillors. It is not known at this stage whether the review will recommend amending the TRO to add Ms X’s road so there is nothing to suggest fault in the Council’s decision not to issue a temporary permit.
We do not act as an appeal body and cannot tell the Council to give Ms X a permit. The Council’s decision reflects the regulations so there is no reason to start an investigation. We can only intervene if there is fault in the way a council makes a decision and there is no suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman