The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking issue as it is unlikely we will find fault by the Council.
The complaint
Mrs X complains a neighbour has fenced off a residents parking area where she lives for their own use, preventing other residents from parking there. Mrs X says that as a result she is forced to park on a busy main road.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has advised Mrs X that as the land in question has not been adopted by the Council it is unable to take any action in respect of the parking issue.
I recognise that Mrs X is unhappy that the Council has said it cannot help but it has explained why, and it is unlikely we will find fault by it if we investigated the complaint. As such, we will not do so.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman