Dorset Council (22 004 423)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 25 Jul 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the introduction of parking charges. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant wants.
The complaint
- The complainant, whom I refer to as Mrs X, complains the Council has decided to introduce parking charges. Mrs X wants the Council to remove or change the charges.
The Ombudsman’s role and powers
- 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 an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council. This includes the complaint correspondence, the report considered by the Council, and the committee minutes. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
- Mrs X complains the Council has introduced parking charges from 8am to 6pm. She has to use one of the car parks because she only has one allocated parking space. She complains about the annual charge of £250 and says her town council objected.
- The Council explained it decided to introduce charges to standardise parking charges across the Council area. It said that reductions in funding mean it can no longer provide free parking and it would not be fair for other parts of the area to pay while Mrs X’s area remained free. The Council said the decision to introduce charges was made by Council Members at committee.
- I will not investigate this complaint because there is insufficient evidence of fault by the Council. Council members decided to introduce charges having first considered a report which explained the reasons for the proposal and the outcome of a public consultation. Mrs X is correct to say her town council objected, as did others, but that does not mean the Council did anything wrong. It is for Council Members to decide whether to introduce charges and we have no power to over-rule their decisions or say they must reduce the charges. If Mrs X thinks the decision should be changed or reversed she would need to lobby councillors for a change in the policy.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman