Summary: We will not investigate this complaint about alleged misuse of public money, the possible introduction of parking charges, the need to contact the Information Commissioner’s Office and a failure to follow the complaints process. We cannot investigate matters which affect all or most of the people in the Council’s area. We cannot stop the Council from introducing parking charges or involve ourselves in disciplinary matters. We do not consider Mr X has suffered a significant personal injustice because of the way the Council considered his complaint. And further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council dismissed his concerns about parking issues. where he lives. He says the council ignored a lack of evidence and local community concerns while spending significant public funds on a survey that lacked support. He also complains the Council did not follow its complaint procedure as the Council did not have an independent review of his complaint at stage three. And he had to complain to the Information Commissioner’s Office to force the Council to release information he requested.
2. Mr X says the Council should not introduce parking charges. And any wrongdoing should lead to accountability for those responsible.

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The Ombudsman’s role and powers

3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), 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:

• any injustice is not significant enough to justify our involvement, 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), 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. The Council is looking to introduce parking charges where Mr X lives. It spent about £60,000 on a survey. Mr X says this is misuse of public money.
8. However, we cannot decide how the Council sets spending priorities. Also, misuse of public funds is an issue which affects ‘all or most’ of the people in the Council’s area. Therefore the restriction set out in paragraph three applies.
9. If the Council decides to introduce parking charges it will have to issue a Traffic Regulation Order. Such orders are subject to a statutory process and people will can comment and object. We cannot order the Council not to introduce parking charges.
10. I understand Mr X wants officers ‘held accountable’. However, we cannot involve ourselves in disciplinary proceedings.
11. The Council accepts it did not follow the complaints process as the officer who investigated the complaint at stage two was the officer who authorised the survey. However, the Council has confirmed the stage two response would not have been different had it been authored by a different officer. I do not consider further investigation of this point would lead to a different outcome. And I do not consider Mr X has suffered a significant personal injustice because of the way the Council considered his complaint.
12. Finally, the Information Commissioner’s Office has been involved in Mr X’s concerns about the release of information. Reconsider of this point by the Ombudsman would not lead to a different outcome.

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Final decision

13. We will not investigate Mr X’s complaint because:
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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Investigator's decision on behalf of the Ombudsman