Summary: We will not investigate this complaint that the Council will not take action to prevent a catering van trading on an industrial estate. This is because there is not enough evidence of fault by the Council to warrant our further involvement.

The complaint

1. Mr X complains the Council will not take action to prevent traffic problems caused by a catering van which trades on an industrial estate. Mr X wants to develop land in the area but says he cannot due to the obstructions caused by parked vehicles using the catering van.

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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 (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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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. The Council has considered Mr X’s complaints. It has carried out site visits and considered whether traffic control measures are appropriate. It has decided such measures are not appropriate. It has also explained it has no enforcement power in terms of the trading activities of the catering van as the area is not one where street trading licences are required. It has advised Mr X that obstructive parking should be reported to the police.
7. There is insufficient evidence of fault by the Council in how it has considered Mr X’s concerns. We cannot question the merits of the Council’s decision just because Mr X disagrees with it. For these reasons, we will not investigate.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant out further involvement.

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Investigator's decision on behalf of the Ombudsman