Summary: We will not investigate this complaint about the Council’s decision to maintain the operation of a disabled parking bay in Mr X’s road. 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, complains the Council did not properly investigate the matter before deciding to maintain the operation of a disabled parking bay in his road which deprives him of the chance to park closer to his home.

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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 response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that a disabled parking bay in his road was not being used and should be removed so allowing him the opportunity to park closer to his home.
7. The Council investigated the matter and satisfied itself that the necessary documentation had been provided by the resident in question for them to keep the disabled bay. For reasons of third-party confidentiality, it told Mr X that it was not able to share further details with him about the matter.
8. While this may be a disappointing decision for Mr X, there is no evidence to suggest fault affected it. It is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information.

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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