Cheshire East Council (24 019 230)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 01 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about parking enforcement and the Council’s response to his request for documents. The Council has explained to Mr X how it enforces the parking restrictions and sent Mr X the requested documents. There is insufficient evidence of fault and an investigation would not lead to a different outcome.
The complaint
- Mr X complained the Council had refused to provide him with documents he requested and is failing to enforce parking restrictions near his work. He said the matter had caused frustration and distress.
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
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Since bringing the complaint to us, the Council has provided Mr X with the documents requested. We will not investigate this, as an investigation would not achieve anything more or lead to a different outcome.
- The Council has also explained to Mr X how it monitors and enforces parking restrictions. It said it had reminded users of the restrictions, and its parking enforcement officers monitor the area and will issue fines as appropriate. This is what we would expect. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
- I appreciate the delay responding Mr X’s complaint is likely to have caused him frustration. However, due to limited resources, we do not investigate the Council’s handling of a complaint, where we decide not to investigate the substantive matter.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault and an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman