Summary: We cannot investigate this complaint about the Council’s decision to increase public parking charges in its area. This is because we cannot, by law, investigate a complaint where the issues raised affect all or most of the people living in a councils area. In any event, there is insufficient evidence of the complainant being caused a sufficient level of personal injustice and the evidence suggests it would be reasonable to challenge the Council’s decision in court.

The complaint

1. The complainant (Ms Z) complains about a decision by local councillors of the Council to increase parking charges in its area. She says the decision has been made contrary to consent by the local population, as evidence by a petition signed by 8,500 residents opposing proposals. Ms Z has raised the issues with the Council by giving notice of her intention to seek judicial review of the decision.
2. In summary, Ms Z says the proposals adopted by the Council are not in the interests of the local area and diminishes public confidence. As a desired outcome, she wants the Ombudsman to bring sanctions against the local councillors responsible for the decision to increase parking charges.

Back to top

The Ombudsman’s role and powers

3. 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 an investigation if we decide any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. We cannot investigate an action that we decide affects all or most people living in a councils area. (Local Government Act 1974, section 26(7), as amended).
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Ombudsman is only required to accept a complaint where the complainant has been caused a significant and personal injustice because of fault by the Council. This means Ms Z would need to show she personally has suffered serious loss, harm or distress by the Council’s decision to increase parking charges in the local area. The complaint made by Ms Z raises issues on behalf of local residents and businesses and seeks to rely on and advocate their views opposing the Council’s decision. Though the decision affects Ms Z, this is only insofar as any other resident is affected. I do not consider Ms Z has suffered injustice above and beyond that suffered by the public generally. There is insufficient evidence of Ms Z personally having suffered a sufficient injustice.
8. In my view, the Council’s decision applies and affects all or most of the people living and working in its area. We cannot by law investigate a complaint in these circumstances and the restriction I outline at paragraph four (above) applies. In any event, I note Ms Z has notified the Council of her intention to bring judicial review proceedings to challenge the decision. Because Ms Z has suggested she is able to challenge the decision by way of legal proceedings, I consider it would be reasonable for her pursue the matters raised in court. Therefore, the restriction I outline at paragraph five (above) also applies.

Back to top

Final decision

9. We cannot investigate this complaint because the issues raised affect all or most of the people living in the Council’s area. In any event, there is insufficient evidence of Ms Z being caused a sufficient level of personal injustice and it would be reasonable for her to challenge the Council’s decision in court.

Back to top

Investigator's decision on behalf of the Ombudsman