London Borough of Hammersmith & Fulham (22 009 080)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 23 Oct 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with the suspension of parking bays outside the complainant’s home. This is because there is insufficient evidence that the matter has caused the complainant a significant personal injustice.
The complaint
- The complainant, who I will call Mrs X, complains about how the Council dealt with an application to suspend parking in bays outside her property. Mrs X says the bays were blocked for a number of weeks before permission was given and the Council should make the business pay parking fees for this period.
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, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
- (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A local business installed decking on two parking bays outside its premises. It subsequently applied for a pavement licence which was approved. An application was then submitted to suspend the parking bays which was also approved. Mrs X feels the Council should make the business pay the parking suspension fees from when it first installed the decking.
- I will not investigate Mrs X’s complaint. Whilst she feels strongly that the Council should backdate the fees, this is a matter between the Council and the business. Any decision the Council makes in relation to these fees does not cause Mrs X a significant personal injustice.
Final decision
- We will not investigate Mrs X’s complaint because there is no evidence the Council’s actions have caused her a significant personal injustice.
Investigator's decision on behalf of the Ombudsman