Summary: We will not investigate this complaint about the Council’s response to Ms X’s reports of anti-social behaviour in a car park close to her home. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Ms X complains the Council has failed to resolve the problem of anti-social behaviour (ASB) occurring in a car park close to her home despite regularly submitting reports of nuisance drivers. She says she was told the Council was in talks with a Coast and Countryside Trust about taking over the car park but that she has not heard anything further about this.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council about its lack of action in resolving the problems caused by ASB in a car park close to her home. The Council acknowledged the problem had been ongoing for some time but said it had been trying to provide a solution and that it was currently in negotiations with a Coast and Countryside Trust to take over the car park where it was anticipated that ANPR camera technology would be installed which would prevent and disrupt ASB.
6. In its Stage 2 response from December 2023, the Council advised Ms X that a lease for the car park to be signed over to the Trust had been submitted and in response to my recent enquiries it has confirmed the negotiations for this are still ongoing.
7. The Council looked at the problems reported by Ms X with both its Parking Services Team and its ASB Team and has it liaised with the Police. She has been advised to report any current incidents of ASB to the police or the Council’s ASB Team.
8. While a resolution has not yet been finalised, negotiations with the Trust are ongoing and as an investigation by the Ombudsman is unlikely to usefully add to that already carried out by the Council or lead to a significantly different outcome, we will not investigate the complaint.

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Final decision

9. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman