Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s lack of progress since it closed land he had been using for free parking. This is because Mr B has not personally suffered significant enough injustice to justify our involvement.

The complaint

1. The complainant, whom I shall call Mr B, complained that over two years ago, without consultation, the Council closed land he and others had been using for free parking. He says the Council promised consultation and another free car park but it is now stalling, putting forward further excuses it had not brought up at the time of the original closure.

Back to top

The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, 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

4. I have considered the information Mr B provided, a previous complaint he made to us in 2018 and information the Council has published on its website about the land. I have given Mr B an opportunity to comment on my draft decision.

Back to top

What I found

5. Mr B previously told us he parked on the land for over 20 years. He does not live in the town where the land is situated but residents and visitors used it for parking. In 2018 we found no evidence of fault by the Council.
6. Mr B’s current complaint to us is about the Council’s lack of progress. He made a formal complaint to the Council before bringing his complaint to us. In its final response to Mr B’s complaint the Council said it still intends to carry out consultation. But it said it would not do this until there had been a resolution of the outstanding issues affecting the land. The Council’s position is it has provided Mr B with a detailed response to his complaint, explaining the current position on progressing consultation.
7. Mr B wants the Council to deliver on its promises of consultation and free parking and to follow proper conduct.
8. The Ombudsman’s role is to consider complaints of injustice caused by fault by a Council. While it is understandable that Mr B is dissatisfied with the Council’s progress to date, we must consider the impact this has had on him. Mr B does not live in the town where the land is situated. But he has told us he used to use the land for free parking for many years. It is very likely that others are also affected by the issue Mr B has raised. But it is not something that affects him personally over and above other people who used to use the land for parking. In each individual case, we must reach our own judgement on whether the level of injustice a complainant has suffered has reached a high enough level to justify investigating the complaint. Mr B has not personally suffered significant enough injustice to justify our involvement in his current complaint.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because Mr B has not personally suffered significant enough injustice to justify our involvement.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman