Summary: We will not investigate this complaint about the Council’s response to concerns Ms X raised about Council contractors parking their vehicles in her road. This is because we are unlikely to find evidence of fault sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council response to concerns she raised about Council contractors parking in the roads around her home in a manner which is inconsiderate and unsafe. She wants the Council to find a new location for the contractors to move to.

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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 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Unhappy about the length of time Council contractors had been parking their vehicles in the roads around her property, and the manner of their parking, Ms X complained to the Council.
6. The Council responded to explain its contractors had permission to use the Council-owned parking space in her road but that it was looking to relocate them to an alternative site. It also told her that if she had concerns about parking or noise to contact parking enforcement or its Environmental Health Team so they could assess whether any enforcement action was required.
7. In response to my initial enquiry about this case the Council advised that an alternative site has been located but that it is waiting for the contractors to agree terms. It also confirmed it would not give notice to the contractors to vacate the parking site because they are carrying out a kitchen and bathroom replacement programme in accordance with its decent homes scheme. It said it was satisfied the contractors had addressed parking concerns and that the site was being managed in a safe manner but it said Ms X could contact Environmental Health or the local police with any further concerns.
8. While Ms X may be unhappy about the presence of the contractors’ vehicles in her area, there is no evidence to suggest fault by the Council in its handling of this matter. The parking site is owned by the Council and it has given permission for contractors carrying out important work on its behalf to use the space. If she believes vehicles are parking in contravention of the parking regulations, she can contact the police or parking enforcement with details.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman