The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of parking provision and other enforcement on Miss X’s roadway. There is not enough evidence of fault.
The complaint
Miss X complained because she said the Council took no action in response to her complaint about cars parking on the road and blocking the pavement outside her home. Miss X said this caused her concern and was affecting her mental wellbeing. Miss X now wants the Council to consider a no parking provision outside her home and direct other residents to park elsewhere.
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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, and we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X wrote to the Council asking it to take enforcement action, because other residents in her road were continually parking outside her home for long periods and partially blocking the footpath. Miss X said this meant visitors to her home could not park outside her home. Miss X also said her fence had been damaged by road users and pedestrians consequently.
The Council replied saying it had considered her complaint, but could not act, because her road was unrestricted. The Council also re directed Miss X to the Police to consider any reports of damage. We will not investigate this matter, because there is not enough evidence of fault in the Council’s actions. In any case we could not direct the Council to provide Miss X with the outcome she is seeking.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman