Kirklees Metropolitan Borough Council (22 006 757)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 15 Sep 2022

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s handling of his reports of dangerous parking on the road near his home. This is because the Council’s actions have not caused Mr X significant injustice.

The complaint

  1. The complainant, Mr X, complains about the service provided by the Council in dealing with his concerns about vehicles parked on the road near his property. He made four suggestions to the Council to improve its service but is unhappy the Council failed to respond to his points.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
  2. While it was Mr X’s concerns about dangerous parking that led to his initial contact with the Council this is not the issue he has asked us to consider. His concerns now relate primarily to the Council’s correspondence and his experience of the way it dealt with him as a customer. The suggestions he made focus on how to improve its practices and the Council has now responded with its comments. It has taken several months to reach this point and the Council has apologised for this. But any injustice caused to Mr X is not significant enough to warrant further investigation.
  3. With regard to the original point Mr X reported to the Council, it confirms it has spoken to the person responsible and advised them of the relevant rules and regulations, which it hopes will avoid any repetition. This is a suitable way forward at this stage and Mr X has the option to report any further problems to the Council as they occur.

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Final decision

  1. We will not investigate this complaint. This is because any injustice resulting from the Council’s actions is not significant enough to warrant investigation.

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Investigator's decision on behalf of the Ombudsman

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