Summary: We will not investigate this complaint about the Council’s decision that the complainant does not qualify for the reduced rate for a garage. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he cannot rent a garage at the reduced price.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint replies and information about the charging policy. I considered the Ombudsman’s Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. People who are the registered keeper of a car, and a Council tenant or leaseholder, can rent a garage or parking space at a reduced rate.
5. Mr X is the registered owner of a car. His partner is a Council leaseholder. Mr X rents a garage near their home. The Council has charged the full rate because Mr X is not a leaseholder. Mr X disagrees with the Council’s decision and says it costs him an extra £600 a year. Mr X wants the Council to transfer ownership of the garage to his partner so they can benefit from the reduced rate.
6. The Council declined Mr X’s request and confirmed that to qualify for the discount the applicant must own the car and be the named leaseholder. It said Mr X is treated as a private resident, and charged the full price, because he not a leaseholder. The Council said his partner could get the discount if he owned the car.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the decision to charge Mr X the full price is consistent with the policy. We are not an appeal body and cannot change Council policy. If Mr X thinks people in his position should be able to pay the reduced rate then he would need to lobby councillors for a change in the policy. It is for the Council, not us, to set its policies.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman