Summary: We will not investigate this complaint about the Council withdrawing the complainant’s parking permits. There is insufficient evidence of fault in the way the decision was made.

The complaint

1. Mr X complains about the Council’s decision to cancel his parking permits, on the basis that his vehicles exceed the size limits in its parking permit policy. In particular, he says he provided clear evidence that one vehicle is within the permitted dimensions, but this was dismissed without review.
2. Mr X says the withdrawal of the permits means he is unable to operate his business which relies on the vehicles.

Back to top

The Ombudsman’s role and powers

3. We can 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. So, 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))
4. We can 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)

Back to top

How I considered this complaint

5. I considered:
• information provided by Mr X and the Council, which included their complaint correspondence.
• the ‘Resident parking permit terms and conditions’.
• the Ombudsman’s Assessment Code.

Back to top

My assessment

6. I appreciate Mr X is very unhappy about the Council’s decision to withdraw his parking permits.
7. But the Ombudsman is 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 it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
8. I consider there is insufficient evidence of fault in the way the Council reached its decision to withdraw the permits, so the Ombudsman will not start an investigation. In reaching this view, I am mindful that:
• the terms and conditions state permits are only allowed for vehicles which do not exceed 5m in overall length and 2.5m in height, and the Council reserves the right to withdraw a permit if the vehicle is found to be larger than permitted.
• the Council’s complaint response provides Mr X with details of the Traffic Management Order which restricts the size of vehicles.
• the complaint responses explain the information the Council has taken into account when deciding Mr X’s vehicles exceed the permitted size, and invited him to submit evidence to demonstrate that his vehicles are within the permitted limits.
• the Council gave Mr X a discretionary 28-day notice period of the withdrawal of the permits.
• the Council has confirmed it will investigate where it receives reports of other vehicles breaching the terms of the permit.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council reached its decision to withdraw the permits.

Back to top

Investigator's decision on behalf of the Ombudsman