Summary: We will not investigate Ms X’s complaint that the Council ignored the police’s request for CCTV footage. This is because we could not add to the response already provided via the Council’s investigation of the matter. We will not investigate Ms X’s complaint about the Council issuing fake parking tickets. This is because this did not form part of Ms X’s complaint to the Council and so the Council has not yet had the opportunity to consider it.

The complaint

1. Ms X complains the Council ignored the police’s request for CCTV footage after her car was scratched whilst parked at the Council’s leisure centre car park. She also complains the Council keeps giving her fake parking tickets.

Back to top

The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms X’s car was scratched whilst parked in the Council’s leisure centre car park. She reported this to the police and the police asked the Council to provide any CCTV footage of the incident.
8. Ms X complained to the Council that it ignored the police’s request for the CCTV footage.
9. In its stage one response, the Council told Ms X it had provided the police with the CCTV footage. Ms X said this was not the case.
10. In its stage two response, it clarified that whilst it had responded to the police’s request, it had not provided footage. In its response to the police’s request it had explained that Ms X’s car was out of sight of the CCTV camera and so there was no footage it could provide. It said it expected the police to have shared this outcome with Ms X. It suggested Ms X raise this with the police officer if this did not happen. It signposted Ms X to this office if she remained dissatisfied with its response.
11. We will not investigate Ms X’s complaint. This is because a further investigation by this office could not add to the response and explanation already provided via the Council’s own investigation of the matter. It has confirmed it does not hold CCTV footage of the incident and so it cannot provide any footage to the police. It told the police this in response to its request but it appears this was not conveyed to Ms X at the time.
12. I have not considered Ms X’s complaint that the Council keeps giving her fake parking tickets. This is because this did not form part of her complaint to the Council. We only consider complaints about matters the Council has already had the opportunity to consider via its complaints procedure. It remains open to Ms X to submit a complaint to the Council about that issue.

Back to top

Final decision

13. We will not investigate Ms X’s complaint. This is because we could not add to the response already provided via the Council’s investigation. We will not investigate Ms X’s complaint about the Council issuing fake parking tickets because the Council has not yet considered it via its complaints procedure.

Back to top

Investigator's decision on behalf of the Ombudsman