Summary: We will not investigate Mrs X’s complaint about parking outside her property, because there is not enough evidence of fault or significant injustice to warrant our involvement.

The complaint

1. Mrs X complained about vehicles parked outside her property causing obstruction and nuisance. She said the Council failed to act on her reports and the issue distressed residents. She asked the Council to fix the problem by placing cones on the road, extending parking restrictions, and increasing enforcement patrols.

Back to top

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 there is not enough evidence of fault to justify investigating, and any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X complained to the Council about vehicles parking outside her property, she believes the vehicles are parked illegally and causing a nuisance.
7. The Council explained to Mrs X the actions it was taking, it confirmed its power to enforce double yellow lines and requested extra patrols from its contractor. It explained it has no power to act, where there are no restrictions and that pavement obstruction is a police matter.
8. The Council said it cannot place cones or introduce new restrictions without a formal review and public consultation.
9. We will not investigate this complaint as there is not enough evidence of fault. The Council has considered Mrs X’s complaint and explained to her what action it is taking to address the problem. I accept Mrs X wants the Council to do more, but it is for the Council to decide how to allocate its resources and what actions it will take. We could not make the Council to implement parking restrictions or increase the frequency of enforcement officer visits
10. The Council has considered the matter and so we cannot question the outcome. There is not enough evidence of fault to warrant an investigation. In addition, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault or significant injustice to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman