Summary: We will not investigate this complaint about parking. That is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council had allowed a business to use a no-parking area to repair car alarms. He said he lived opposite the business and worked nights. He said the sound of the car alarms meant he could not sleep during the day and was affecting his mental health. He wants the Council to install bollards to stop the business from using the area as a car park.

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 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In the Council’s response to Mr X, it confirmed it had completed a site visit following his complaint. It said bollards and a ‘Prohibitive of Motor Vehicles’ sign had been removed from the site. It confirmed it would put up a new sign and install new bollards.
6. It subsequently installed the sign but apologised for delays in installing the bollards. It said was waiting for these to be delivered. It said it had spoken the business about not parking in the area. The Council told Mr X that it could not respond to his complaints about statutory noise nuisance as it was not responsible for environmental health. It said he would need to contact the City Council.
7. Although Mr X is unhappy with the Council’s response, we will not investigate this complaint. That is because I am satisfied with the steps the Council has taken to address the parked vehicles whilst it is waiting for the delivery of the bollards. Further investigation by the Ombudsman would not lead to a different outcome. In addition, it is noise from the parked cars that Mr X states is adversely affecting him. The Council has correctly directed Mr X to the City Council if he wants to complain about noise nuisance.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman