The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a parking permit. This is because there is no sign of fault by the Council.
The complaint
The complainant, Mr X, complains about the Council’s decision to refuse his application for a parking permit for his van. Mr X says he has seen other vehicles larger than his parked in the area and the Council’s decision has adversely impacted his health.
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 do not start an investigation if we decide 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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 how the organisation made its decision, 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 applied for a parking permit for his work van. The Council refused Mr X’s application because his van exceeds the maximum size limit for granting of a permit as set out in its published policy.
Mr X complained to the Council about its decision and asked it to issue a permit despite his vehicle exceeding the size limit.
The Council again confirmed that Mr X’s vehicle did not meet the criteria for issuing of a permit due to its size and so a permit would not be issued. It explained the eligibility criteria for issuing of a permit is published on the application form and it is applicants’ responsibility to check they meet the criteria before applying.
We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It considered and refused Mr X’s permit application in line with its published policy and eligibility criteria. Mr X’s vehicle does not meet the criteria for a permit because it is too large. Whilst I acknowledge Mr X's dissatisfaction with the Council’s decision it is one it is entitled to make in line with its policy. It is not our role to question the merits of the Council’s decisions where, as here, there is no sign of fault in the way in which it was reached.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council.
Investigator's decision on behalf of the Ombudsman