Summary: We will not investigate this complaint about the Council’s decision to install visitors’ parking bays outside Mrs X’s house. There is not enough evidence of fault or significant injustice to warrant an investigation.

The complaint

1. Mrs X complained about the Council’s decision to install visitors’ parking bays outside her property.
2. She said it had caused her distress. She would like the Council to reverse its decision.

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The Ombudsman’s role and powers

3. 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)
4. 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, or
• any injustice is not significant enough to justify our involvement.

(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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained about the Council’s decision to install two visitors’ parking bays outside her property. She said there was enough parking already on her estate and she had her family may be disturbed if people started parking and leaving late at night. She said both she and her husband needed to park outside their house as they had mobility issues. She said there was a car park not far away which visitors could use.
8. The Council responded and explained the number of visitors’ parking spaces for the estate was in line with its policy on parking standards. It said had installed spaces throughout the estate, as opposed to relying on the car park, as the convenience in parking close to their destination would encourage people to park responsibly and not over footpaths.
9. We will not investigate this complaint. The Council considered Mrs X’s particular circumstances and demonstrated how it had acted within the requirements of its policy and the reasons for its decision. There is not enough evidence of fault to justify an investigation.
10. There is also insufficient injustice to warrant an investigation. Previously, it was open to any member of the public to park outside Mrs X’s house. This remains the same and so there is no additional injustice to Mrs X. Mrs X believes the parking bays will increase parking outside her house. However, not only is this speculative, but even if correct, cars parked outside her house will not cause her a significant injustice.
11. If Mrs X believes she qualifies for a disabled parking space, she can apply to the Council for one.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault and significant injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman