Summary: Mr X complained about the Council failing to maintain electric vehicle charging points at some of its car parking sites. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the failure of the Council to maintain charging points at some of its parking sites. He says the Council received government grant aid to provide the points and it should repay the grant if they are not prepared to maintain the chargers.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.

Back to top

What I found

4. Mr X says the Council received a grant from the government in 2014 to help create charging points at six car park sites in its area. Since that time the charging points have fallen into disrepair and few are left functioning. He complained to the Councill and it told him that the Council has no duty or budget to maintain the chargers.
5. The Council received the grant to provide land and facilities to install the chargers, the chargers belong to a commercial EV charging provider. The Council also subsidised the electricity for charging which was provided at no cost to the users. The provider of the chargers failed to come to an agreement to maintain the charging points and there is no remaining budget for the Council to take on this provision at public expense at present.
6. The Council provided the facilities for the charging points, but it is not responsible for providing this as a service to the public. The chargers were the responsibility of the company operating them and this is a commercial matter.

Back to top

Final decision

7. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman