Summary: We will not investigate this complaint about the Council’s Parking Services and the lack of provision of a resident parking permit for a resident living in a car-free property. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has not helped him resolve his problem of living in a car-free property and wanting a car. He says he has been disadvantaged because he cannot qualify for a permit under the Council’s Permit Transfer Scheme (PTS).

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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 not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr X and the Council, including its responses to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its decision not to issue him with an on-street resident parking permit under the PTS because he had moved into his car- free property prior to the introduction of the Scheme.
7. The Council explained the Scheme was introduced in 2011 and does not run retrospectively so as Mr X moved into his property in 2007, he cannot qualify under the Scheme for a permit. It acknowledged Mr X’s frustration that other residents who had moved into a car-free property after 2011 could apply but pointed out that at the time he moved in, he would have been made aware of the car-free condition.
8. While the Council’s response has been disappointing for Mr X, he lives in a car-free property and under the terms of the PTS he does not qualify for a permit. There is no evidence to suggest the Council has not properly followed its parking policy in this area and while Mr X’s problem has not been resolved, this is not evidence of fault by the Council.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman