Plymouth City Council (22 000 520)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 03 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council has not provided information Mr X has requested about how many penalty charge notices it has issued to motorists for parking across dropped kerbs as this is best dealt with by the Information Commissioner’s Office.
The complaint
- Mr X complains the Council has not provided information he has requested about how many penalty charge notices (PCNs) it has issued to motorists for parking across dropped kerbs. Mr X has problems with people parking in this way in front of his driveway and blocking him in.
The Ombudsman’s role and powers
- The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Information Commissioner’s Office (ICO) is the UK’s independent authority on information rights and is best placed to deal with Mr X’s complaint about how the Council has responded to his request for information.
- While I recognise the impact on Mr X of people parking inconsiderately, any obstruction issues are for the police, not the Council.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is best dealt with by the ICO and the core issue of Mr X being blocked in his drive, is a matter for the police.
Investigator's decision on behalf of the Ombudsman