Summary: We will not investigate this complaint that the Council has refused the complainant’s request to pave some grass to create parking space. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council will not pave an area of grass so she can safely park her car near to her home. Ms X would also like the Council to cut down a tree or prune it.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered photographs of Ms X’s road and the surrounding area. I also considered comments Ms X made in reply to a draft of this decision.

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What I found

What happened

4. Ms X bought her house this year. She lives on a road with no access for cars. There are houses on both sides of the road, a path on both sides and an area of grass in the middle stretching the length of the road. There is a tree on the grass. Ms X says that before she bought her home she was told the grass would be paved.
5. Ms X has parked her car on roads with vehicle access. Her car was broken into. Ms X says she has been told the area she parked in is dangerous with a lot of crime. There is another street Mrs X parks in but it is getting harder to park due to people building dropped kerbs. Ms X says that many residents want the Council to improve the parking provision in the area.
6. Ms X asked the Council to pave over the grass so she can park outside her home. Alternatively she said she would pay for paving if the Council gave consent. She also asked the Council to remove the tree. Ms X says the tree is damaging cars and the roots are damaging a neighbour’s garden.
7. In response the Council said it had no funding to pave over the grass. It said she could apply for a dropped kerb but this was likely to be refused. It said she could install CCTV provided she complied with CCTV rules. It said the tree was under the control of a Housing Association. The Council suggested she report the criminal damage to the police.
8. In response to my enquiries the Council said there is no record of anyone from the Council telling Ms X the grass was due to be paved. It said it is unlikely anyone would have said this as it would, in effect, mean building a road which would be very expensive. It would also mean removing a healthy tree which the Council has confirmed is under the control of a Housing Association.
9. Ms X is dissatisfied with the response. She wants to park close to her home so she can feel safe. She says the Council has rejected all her suggestions. She wants the Council to tarmac the grass, create a one-way system and cut down or prune the tree. Ms X says all the other roads in the area have direct access to parking.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because it is not fault for a council not to do what someone would like. The Council considered Ms X’s requests and has explained why it cannot agree. I have looked at the layout of the estate and it is correct that what Ms X wants is, essentially, for a road to be built. This would be a significant undertaking and very expensive. And, if Ms X put done paving, there is still the issue that cars would damage the grass while driving to the paving. In addition, the Council does not own tree and cannot prune or remove it. Ms X would need to contact the Housing Association to request tree work. Alternatively, the neighbour whose garden is affected could contact the Housing Association.
11. I appreciate parking is difficult and Ms X cannot park outsider her home. But, the parking situation would have been apparent when Ms X was considering buying the house and it is reasonable to expect she would have considered parking provision before purchasing. There is nothing to suggest the Council said the grass would be paved and, for such an important issue, it may have been helpful for Ms X to have had that plan confirmed in writing before deciding to buy the house.
12. We do not act as an appeal or campaigning body. We can only intervene if there is evidence of administrative fault and not simply because a council does not do what someone would like it to do.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman