Summary: We will not investigate this complaint about the Council failing to properly consider Mr X’s complaint about the unsafe conditions of a private car park. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains the Council has failed to properly consider his complaint about the unsafe conditions of a private car park. He said this has caused him significant frustration.
2. Mr X wants the Council to carry out a full stage two review and provide him with the investigation file.

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The Ombudsman’s role and powers

3. 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)).

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about an incident which left him injured at a private car park. He complained about the unsafe conditions.
7. The Council’s stage one complaints response sets out what it considered as part of its investigation. It said:
• an investigator attended the scene and found no visible defects or signs of recent repair to the surface;
• it considered CCTV footage provided by Mr X. But said this did not clearly show the area and was inconclusive in deciding whether the surface contributed to Mr X’s accident;
• it checked whether there were any similar incidents reported regarding slip incidents or surface issues during hot weather. But said there were none;
• the company responsible for the car park held no internal records of similar incidents;
• officers attended the car park during high temperatures to assess any surface degradation. But said it observed none; and
• officers consulted an engineer who confirmed the surface did not present an ongoing risk to public safety.
8. Mr X remained unhappy with the Council’s response. He said the investigation was inadequate. But there is insufficient evidence of fault by the Council. This is because the Council has considered Mr X’s evidence and his view. Having done so, it decided there was insufficient evidence to warrant further action. This is a decision the Council is entitled to take. The stage one response was in line with the Council’s complaints policy which confirms a single stage process.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman