Summary: We will not investigate this complaint about a lack of parking enforcement on his road. This is because Mr X’s injustice lies in his occasional inability to park on the road and we could not say this was the result of any actions or fault by the Council.

The complaint

1. Mr X complains the Council has failed to enforce parking restrictions along his road. He says that as a result he cannot always find a parking space near his home.

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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)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining.
5. In this case while Mr X claims injustice in not being able to park near his home we could not say this directly results from any actions or fault by the Council. The restrictions only apply at certain times of the day so anyone is free to park in the designated parking bays at any other time. Permit-holders are also free to use the bays as they see fit and their numbers likely exceed the number of parking bays available on Mr X’s road.
6. However, even when someone does not have a parking permit the Council cannot stop them from parking in a bay during restricted hours. It may issue penalty charge notices (PCNs) to vehicles parked at restricted times but this does not automatically mean people will comply with the restrictions.
7. Ultimately, although Mr X holds a parking permit this does not guarantee him a parking space. Parking enforcement is discretionary and even if we could say the Council should carry out further patrols this would not ensure that Mr X will always be able to get a parking space.
8. If Mr X believes the Council should change the timing of the restrictions he may ask the Council to consider doing so, but it is under no obligation to agree; he may therefore wish to raise the matter with his local councillor or MP, who can lobby the Council on his behalf..

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Final decision

9. We will not investigate this complaint. This is because we could not say Mr X’s injustice is the result of any fault by the Council or achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman