West Sussex County Council (24 016 783)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 08 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs B’s complaint about the Council’s refusal of her vehicle crossover application. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mrs B complains about the Council’s refusal of her vehicle crossover application. Mrs B says the Council is wrong to decide there is not enough off-street parking space in front of her property to park a vehicle, particularly because other houses on her road have a crossover.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mrs B and the Council. I also considered the Council’s vehicle crossover guidance.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council refused Mrs B’s application because her property does not meet the Council’s minimum size requirements for off street parking. There is no information to indicate the Council’s decision was affected by fault. The Council visited Mrs B’s property and applied the relevant section of the Council’s vehicle crossover guidance.
- Vehicle crossovers nearby may be unauthorised or approved under previous Council policies. This does not mean the Council was at fault for applying its current guidance to Mrs B’s application.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman