Summary: The Ombudsman will not investigate Mr X’s complaint that the Council declined to turn the Council land opposite his house into a car park. This is because there is insufficient evidence of fault in how the Council reached its decision.

The complaint

1. Mr X complains that people are parking opposite his house either half on the road and half on Council grasslands or within a “keep clear” box junction.
2. Mr X complains that this is causing difficulty parking on his drive and difficulty for emergency vehicles using the road.
3. Mr X wants the Council to turn the Council grassland opposite his house in a car park for residents. The Council has advised it has no plans to complete works on the land.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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

5. I have considered Mr X’s complaint to the Ombudsman and the information he provided. I have written to Mr X with my draft decision and given him an opportunity to comment.

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What I found

6. Mr X raised concerns about parking on his street with the Council in 2017. Mr X proposed the Council could turn the Council land opposite his house into parking.
7. The Council delayed in fully responding to Mr X’s concerns until August 2019 when it confirmed that it had no plans to complete works on the land.
8. The Council recognised this delay and has offered Mr X £200 to remedy his injustice. In doing so the Council has provided an appropriate and proportionate remedy.
9. The Council’s decision not to use the land may dissatisfy Mr X. But 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 Council reached a decision.
10. There is no duty on the Council to convert the land into a car park. The Council has discretion about how best to use Council land. The Council must ensure that any plans for use of land are compliant with the “local plans”. The “local plans” show no plans to complete works on this land. The Council considered Mr X’s wishes and reached its decision in line with the local plans. There is insufficient evidence of fault in how it reached its decision.

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Final decision

11. My decision is that the Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault in how the Council reached its decision

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Investigator's decision on behalf of the Ombudsman