The Ombudsman's final decision
Summary: We will not investigate Miss B’s complaint about the Council’s refusal of her vehicle crossover application. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Miss B complains the Council has wrongly refused her application for a vehicle crossover. Miss B says there is enough room to park her small car in front of her house.
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 Miss B and have viewed Miss B’s property on Google Streetview.
I considered the Ombudsman’s Assessment Code.
My assessment
There is not enough evidence of fault to justify an investigation into this complaint.
To allow a vehicle crossover the Council requires a property to have an off-street parking area with a minimum depth of 4.8 metres. Miss B’s property does not meet this requirement. So, the Council’s decision to refuse Miss B’s application was in line with its policy.
Final decision
We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman