Summary: We will not investigate this complaint about the Council’s decision not to prevent unlawful parking on an area of land it owns. There is not enough evidence of fault in the Council’s actions. We do not consider the Council’s actions have caused the complainant a significant personal injustice. Also, we cannot achieve the outcome the complainant is seeking.

The complaint

1. Mr X complains the Council refuses to take enforcement action against unlawful parking on its land.
2. He says he does not park his car on the land because the Council has told him this is unlawful. Therefore, the Council should make sure no one else parks there either.
3. Mr X wants the Council to install barriers or signs to prevent unlawful parking and enforce against it.

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The Ombudsman’s role and powers

4. We investigate 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 continue 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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains the Council has told him not to park in a certain area but will not act to prevent other people from unlawfully parking in the same place.
8. The Council confirms anyone parking in an area where there are no dropped kerbs risks causing a traffic offence which may be a police matter.
9. Mr X wants the Council to control and regulate use of the area. However, we are not an appeal body. And we do not seek either to resolve every disputed issue between councils and complainants or to secure responses to all a complainant’s queries. Our role is to consider whether there is evidence of fault in how councils reach their decisions. Without evidence of fault, we cannot question a council’s decision however strongly a complainant may disagree with it.
10. Mr X wants the Council to erect barriers of signs to prevent people from parking on a specific piece of land. There is no requirement for the Council to do this and we cannot criticise it for not doing so
11. I understand Mr X’s decision to follow the Council’s instructions and not park his car on the site may be inconvenient for him. However, the fact that other people choose to park there at their own risk does not cause him a significant personal injustice.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions to justify an investigation. Also, we do not consider Mr X has suffered a significant personal injustice which warrants our involvement. Finally, we cannot require the Council to erect barriers, signs and enforce no parking in the area.

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Investigator's decision on behalf of the Ombudsman