Birmingham City Council (24 023 024)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 31 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with resident’s concerns about vehicles connected to a local business obstructing the road. This is because further investigation would not lead to a different outcome and no worthwhile outcome is achievable by our investigation. We are also satisfied with the Council’s actions.
The complaint
- Ms X complains on behalf of local residents that a business is using local roads to park construction vehicles and is storing materials on the pavement. She says that residents are worried about their safety and the debris from the vehicles are spreading on roads and pavements. Ms X wants the Council to take enforcement action to stop the construction vehicles parking on the nearby roads.
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 or continue an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)
How I considered this complaint
- I considered information provided by the representative and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has confirmed that since it responded to the resident’s complaint it has investigated the issue and taken enforcement action against the business.
- The Council says it checked the area on 25 June 2025 and it was clear. The Council withdrew the Court Order the next day.
- The Council says it has not received reports of any further concerns since. However, if residents experience further problems these can be directed to its highways team.
- I am satisfied the Council took the appropriate enforcement action to address the issues raised.
- I consider an investigation by the Ombudsman is unlikely to achieve anything further to add to the Council’s response or achieve a worthwhile outcome for the complainants.
Final decision
- We will not investigate this complaint because further investigation would not lead to a different outcome and no worthwhile outcome is achievable by our investigation. We are also satisfied with the Council’s actions.
Investigator's decision on behalf of the Ombudsman