Summary: We will not investigate Ms X’s complaint about the Council’s decision to introduce a Low Traffic Neighbourhood in her area and its refusal to act to increase availability of parking during the building works. Part of the complaint is late and investigating the remaining issues Ms X complained about would not lead to a different outcome.

The complaint

1. Ms X complained about the Council’s decision to introduce a Low Traffic Neighbourhood (LTN) where she lives. She said the building works have led to on street parking suspensions which are causing difficulties with parking for residents.
2. She said the Council did not respond to her complaints and did not send her information she asked for.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council decided to introduce a Low Traffic Neighbourhood (LTN) in Ms X’s area in 2021. Any complaint about this original decision is late, and so we will not investigate this.
8. In 2023, Ms X complained that ongoing building works creating the LTN had reduced the number of on street parking spaces for residents. Ms X suggested a way for the Council to ease the parking situation for residents. The Council considered her suggestion but decided it was not possible. She complained about its decision to not implement her suggestion or take other action to improve the availability of parking.
9. We will not investigate this. We look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision the organisation made. The Council appropriately considered her complaint and explored possible solutions. It decided it could not implement her suggestion and explained its reasons for this. There is insufficient evidence of fault in how it has reached this decision and so we cannot question it. We could not require the Council to implement her suggested solution. An investigation into this matter is therefore unlikely to achieve the outcome Ms X wants or achieve a different outcome.
10. Ms X complained the Council did not share information with her which she requested. We will not investigate this as the Information Commissioner's Office (ICO) is better placed to consider a complaint about this. The ICO considers complaints about freedom of information requests and its decision notices may be appealed to the First Tier Tribunal (Information Rights).
11. We will not investigate the Council’s handling of Ms X’s complaint. This is because it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint. A complaint about the original decision is late. The Information Commissioner's Office is better placed to consider her complaint about access to information and an investigation into the remaining issues is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman