Summary: We will not investigate this complaint about parking provision because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council has failed to ensure commercial vehicles are not parked on the road outside his home. Mr Y says this causes him difficulties when he is reversing out of his driveway and people with mobility scooters have to go along the road, rather than the pavement.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
6. In this case, the Council has considered Mr Y’s complaint and what action it may be able to take. It has explained that if it were to stop on street parking it would need a Traffic Regulation Order (TRO) which would require public consultation. It has explained this would likely be objected to by other residents of the area and such objections would need to be considered. It has explained that it would usually consider whether the parking in the area needed intervention and that it has, following Mr Y’s complaint, carried out a site visit and found that in his case the level of parking did not require intervention. It has also provided details of how Mr Y can raise obstructive parking with the Police if he experiences this.
7. As the Council has considered the issue, the particular circumstances and using its professional experience and expertise formed a view on what, if any action should be taken, the decision has been made properly. While Mr Y may disagree with the Council’s decision, as there was no fault in the way the decision was reached, we would not find fault in the decision itself. Consequently, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman