Summary: We will not investigate Mr X’s complaints that the Council refuses to take action over cars parked on the verge outside his property, has not maintained the verge and will not pay for damage caused by the parked cars to his fence. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council refuses to take action over cars parked on the verge outside his property, has not maintained the verge and will not pay for damage caused by the parked cars to his fence.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint response, the Council explained that after taking into account the shortage of parking in the area and safety issues, it was not proportionate for it to take any action against the owners of the cars parking on the verge outside Mr X’s property. This is a decision the Council is entitled to make and there is no evidence of fault in the way it was made.
7. The Council said it had responsibility for grass cutting the verge but often it was not possible to gain access because of the parked cars. There is not enough evidence of fault or significant enough injustice to warrant an investigation.
8. In relation to any damage to Mr X’s fence, this is best pursued as an insurance claim. Mr X can then go to court if he remains dissatisfied. We will not investigate this further.

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Final decision

9. We will not investigate Mr X’s complaints because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman