Summary: We will not investigate Mrs X’s complaint about parking enforcement. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X complains the Council failed to prevent vehicles from parking in front of her dropped kerb and causing damage to her driveway. She says the Council delayed handling her complaint and failed to address her concerns. She says this situation has caused concern for her family’s safety and well-being. Mrs X wants the Council to provide a solution to prevent vehicles from blocking her driveway and repair any damage caused.

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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X complained the Council failed to prevent vehicles from parking across her dropped kerb and blocking access to her driveway. The Council explained the circumstances in which it can enforce parking restrictions. It told Mrs X that where a vehicle blocks access to or from a driveway, enforcement may be a matter for the police rather than the Council. The Council also explained it would not normally take enforcement action against a vehicle parked across a dropped kerb without first establishing whether it was associated with the property, as residents may lawfully obstruct access to their own driveway. It advised Mrs X to report any incidents to the relevant enforcement body at the time they occurred.
7. The Council considered Mrs X’s concerns and explained the action available when incidents occur. There is not enough evidence of fault in the way the Council considered or responded to the matter to justify our involvement.
8. Mrs X complained about the way the Council handled her complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
9. Mrs X complained her driveway was damaged because the Council failed to enforce parking violations. The Ombudsman does not investigate claims of negligence or liability regarding damage to private property by a Council, as these are typically matters for the courts to decide. Therefore, it would be reasonable for Mrs X to seek a remedy through the courts as it is better placed to decide if the Council is liable for the damage.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman