The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council will not pay to implement parking restrictions. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complains that the Council will not pay to implement new parking restrictions opposite his garage to prevent people from parking there.
He states parked cars regularly restrict his access and this causes him stress and anxiety.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X reported issues with cars parking opposite his garage and asked the Council to amend the existing parking restrictions to stop this. He says he is unable to access his garage due to cars parking there.
The Council told Mr X it could amend the restrictions but due to the processes involved this would cost at least £4,000, which Mr X would have to pay.
Mr X believes this is unfair and he wants the Council to pay. But the Council has explained to Mr X why it will not, and this is a decision it was entitled to make.
Mr X does not agree with this, but the Council response is clear and rational and there is no basis for us to question its approach.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault which would warrant investigation.
Investigator's decision on behalf of the Ombudsman