Summary: We will not investigate this complaint about the Council’s decision that it cannot issue the complainant with a parking permit. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council ignored his need for a parking permit so he can continue to work. He wants the Council to give him a temporary permit or an exemption.

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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 Mr X. I also considered information about the permit scheme and our Assessment Code.

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My assessment

4. Mr X works for an employer in an area where there is a residents parking scheme. The scheme aims to protect parking for residents. Some permits are available for businesses, customers or traders who visit people at home. There is no provision in the scheme for permits for employees of businesses in the area.
5. The Council issued Mr X’s employer with customer permits. The rules say customer permits must not be used by staff for parking.
6. The employer had previously given Mr X a permit but withdrew it. Mr X asked the Council to give him a temporary permit or an exemption. He said he is in financial hardship and may lose his job if he does not have a permit.
7. The Council explained that the number of permits it can issue to a business is restricted. It said it had given his employer customer permits and the rules prohibit use of customer permits by staff. The Council said the scheme is to protect parking for residents, and commuters are encouraged to use alternative modes of transport. The Council said Mr X could use public transport, cycle or pay to park in pay and display bays. Mr X says driving is the only practical way for him to get to work.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I have read the terms and conditions for the permit scheme and it does not provide for permits for employees, temporary permits or exemptions. The Council’s decision that it cannot give Mr X a permit or exemption reflects the policy so there is no reason to start an investigation.
9. Mr X has explained why he would like a permit. But, we are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. I could not ask the Council to give Mr X a permit or exemption because that would be contrary to the rules.

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Final decision

10. 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