Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her application for a resident parking permit. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains about the Council’s decision to refuse her application for a resident parking permit because the vehicle is not registered in her name.

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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)
3. We do not start or continue 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 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)

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How I considered this complaint

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

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My assessment

7. Miss X complained to the Council about its decision to refuse her application for a resident parking permit. The Council refused her application because she is not the registered keeper of the vehicle.
8. Miss X told the Council the vehicle is registered in her mother’s name due to ongoing financial hardship. Her mother helped acquire the car and is the registered keeper but Miss X is the sole user and is the occupant of the address under which she applied for the permit.
9. The Council explained that, in line with its published terms and conditions for a resident parking permit, you must be the registered keeper of the vehicle and your vehicle must be registered with the DVLA at the address stated in the application. It confirmed that as the vehicle is not registered in Miss X’s name she is not eligible for a permit. It explained it sticks to the eligibility criteria to preserve the fairness and integrity of the scheme and it would not make an exception in this case.
10. The resident parking permit terms and conditions are published on the Council’s website. This states that to be entitled to a permit you must be the registered keeper of the vehicle. It also states you will not be issued a resident parking permit if your vehicle is not registered with the DVLA at the address stated in the application or if the application is not in the registered keeper’s name.
11. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has considered and refused Miss X’s application in line with the published terms and conditions which apply to all applications. The reason why Miss X is not the registered keeper for the vehicle is not relevant to the Council’s decision to refuse the application as it is not one of the eligibility criteria under which it grants permits. It considered the information Miss X provided and decided not to allow the application outside of its terms and conditions. It is a decision it is entitled to make.
12. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at the processes it followed to make its decision. If, as here, we see no sign of fault in the way it made its decision we cannot question whether it is right or wrong, even though Miss X disagrees with it.

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Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman