Summary: We will not investigate how the Council introduced higher off-street parking charges. We are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mrs B, has complained about how the Council has increased charges in its off-street car parks. She believes its failure to consult properly has led to unacceptably high charges which she will have to pay.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• the fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

4. We do not provide a right of appeal against a decision by a council. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mrs B said in her complaint and background information provided by the Council. I have also seen information about the changes in car parking charges on the Council’s website. Mrs B commented on a draft before I made this decision.

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What I found

Background

6. The Council, which was created in 2019, inherited off-street parking places established previously by other councils. It decided to introduce a uniform system across the Council-area by creating a comprehensive off-street parking order. It had to do this in accordance with the Regulations. ( Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996)
7. The Regulations set out procedures for consultation and dealing with objections to a proposal before a council makes a TRO.
8. In summary, to begin the formal process, a council must:
• publish a ‘notice of proposals’ in a local newspaper;
• make documents relating to the proposal available for public inspection;
• inform statutory consultees, including the police; and
• give other publicity to the proposal that the council considers is appropriate.
9. A council must publish a notice within 14 days of making a TRO, give adequate publicity to the TRO and write to any objectors outlining the reasons for going ahead with the proposal.
10. The notice must also advise there is a right to apply to the High Court within 6 weeks of the date of the TRO. This can be on the basis that:-
• the council does not have powers to make the order; or
• the council has not complied with the relevant Act or regulations.
11. During the process, the government temporarily relaxed the requirements of the procedures to recognise the impact of COVID-19.

Analysis

12. The evidence I have seen shows the Council carried out consultation in accordance with the Regulations. Indeed, it extended the time allowed for consultation responses.
13. Officers reported the outcome of consultations to the elected Members of the Council who decide to create the order. This has now come into effect.

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Final decision

14. I have decided we will not investigate this complaint. This is because, while I recognise Mrs B disagrees with the new charges, we are unlikely to find fault with how the Council introduced them. In the absence of fault, we cannot question the merits of the Council’s decision.

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Investigator's decision on behalf of the Ombudsman