Summary: We will not investigate this complaint about problems the complainant has parking near her home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says the Council has discriminated against her by not taking action to deal with commuter parking near her home. Ms X says the Council should uphold the residents parking.

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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 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered our Assessment Code.

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My assessment

4. Ms X is a private tenant. There is a car park for residents which Ms X says is often used by commuters. Ms X has a mobility issue and would like to park in the bay near her flat but says it is often occupied by commuters. Ms X complained to the Council and wants it to enforce resident only parking.
5. The Council said it cannot take any enforcement action because the parking is on private land. But, it monitored the car park for five days and found that, over the course of the week, there were between 36 and 56 parking spaces available. The Council said this suggests there is adequate parking for residents, despite commuters, and the situation does not justify a permit scheme which would incur costs for residents.
6. The Council said Ms X could apply for a disabled parking bay which, whilst not enforceable, may help.
7. I will not start an investigation because there is insufficient evidence of fault by the Council and I have not seen any evidence of discrimination. I appreciate Ms X faces some parking problems and it would be easier if she could always park in her preferred space. The Council explained why it cannot take enforcement action but invited Ms X to apply for a disabled parking bay. I appreciate a disabled bay would not be enforceable, and could be used by any blue badge holder, but it may make parking easier for Ms X. Ms X does not have a parking bay linked to her tenancy so neither she, nor the Council, can guarantee a specific parking space.
8. I acknowledge the parking difficulties Ms X faces but I have not seen anything to suggest we need to start an investigation and, as this is private land, it is unlikely we could achieve a different outcome.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman