Summary: Mr B complains about a councillor’s response to his request for assistance in relation to parking problems he experiences outside his property. The Ombudsman will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr B, says when he approached a local councillor for help in connection with parking problems he experiences outside his property, the councillor was rude and aggressive.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision and considered the comments he made.

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What I found

4. Mr B has experienced problems with inconsiderate parking close to his home for a number of years.
5. In 2018 he approached a local councillor, Councillor X, to discuss the matter. Mr B says during their telephone conversation about the matter, Councillor X was rude and aggressive towards him and made a derogatory comment.
6. Mr B complained to the Council about the unprofessional behaviour of Councillor X and that he had refused to help him.
7. In investigating Mr B’s allegations, the Council spoke to Councillor X whose version of events differed from that provided by Mr B. Councillor X said he had contacted the Council’s Enquiry Team which had forwarded Mr B’s concerns on to the Parking Enforcement Team. He said he had informed Mr B of the response received and that when Mr B said he was unhappy with the response and wanted to complain to his MP, he provided the MP’s contact details and told Mr B he would attend any meeting arranged with the MP. Councillor X confirmed he had not been rude or aggressive to Mr B and denied he had made the derogatory comment alleged by Mr B.
8. The Council’s investigation concluded by accepting the information provided by Councillor X. It found there had been no breach of the councillors’ code of conduct and decided to take no further action.

Assessment

9. Mr B is clearly upset by the parking problems which can affect his ability to access his property. He contacted Councillor X for assistance but they have different versions of what was said during their telephone conversation. The Council properly considered Mr B’s complaint about the matter but, on balance, decided to accept what Councillor X had said, referring to the fact that he had given Mr B the MP contact details and offered to come to any meeting arranged.
10. An investigation by the Ombudsman is unlikely to add to that already carried out by the Council and unlikely to lead to a different conclusion. We cannot know now the exact content of the conversation which took place between Mr B and Councillor X and there are no grounds which warrant further investigation.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman