Summary: We will not investigate this complaint about the conduct of the Council’s parking enforcement officers. This is because we cannot achieve the outcome he wants. He also does not have consent to complain on behalf of others.

The complaint

1. Mr X complained on behalf of his neighbouring residents about the misconduct of the Council’s parking enforcement officers. Mr X said it caused him frustration. Mr X also complained about the Council’s complaint handling. Mr X wants the Council to apologise to him and provide him with a financial remedy. Mr X also wants the Council to inform him what actions it has taken against the officers in question.

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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 or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said the Council’s parking enforcement officers operating in his area are dishonest and unfairly issue penalty charge notices. He said the officers also park their own vehicles in restricted areas which obstruct the walkway for pedestrians.
7. We will not investigate Mr X’s complaint. This is because we cannot look into the conduct of individual council officers and we cannot recommend the Council to take action against them. Therefore, we cannot achieve the outcome Mr X wants. Mr X also does not have consent to complain on behalf of other residents.
8. Mr X is also unhappy with how the Council has handled his complaint. As we are not investigating the substantive matter, we will not investigate how the Council handled his complaint. This is because it would not be a good use of public money to do so.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants. He also does not have consent to complain on behalf of others.

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Investigator's decision on behalf of the Ombudsman