Summary: We will not investigate Miss X’s complaint about the Council’s policy to limit resident parking permits to two per property. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Miss X, complains about the Council’s limit of two resident parking permits per property.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X asked the Council whether her household could purchase a third resident parking permit to meet her household’s expected needs.
8. The Council responded that, in line with its policy, there is a limit of two resident parking permits per eligible household. It explained it put the limit in place because more properties are being converted into multiple residences and, with the limited road spaces available, it is not possible to provide sufficient parking spaces for the increasing number of residents. It said demand often outstrips the number of on street parking spaces and that limiting the number of permits in this way is the only way the parking schemes can function. If it were to increase the number of permits available on demand this would further reduce the chances of there being parking spaces available to residents when needed.
9. We will not investigate Miss X’s complaint. This is because, whilst I acknowledge Miss X disagrees with the Council’s decision, there is insufficient evidence of fault by the Council here to warrant an investigation. The Council has acted in line with its policy and it has clearly explained why the two permit limit per household is in place for all residents.
10. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council made its decision. If, as here, we decide there is no fault in the way the decision was reached we cannot question whether the decision was right or wrong regardless of whether a complainant disagrees with it.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman