Summary: We will not investigate Ms B’s complaint about the Council cancelling her parking permit. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms B complains the Council cancelled her parking permit for a Council car park because she breached the permit terms and conditions by photocopying it. Ms B says the Council made this decision without giving proper consideration to her circumstances. Ms B says she made no attempt to deceive the Council or benefit financially. Ms B would like the Council to reinstate her parking permit.

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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 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))

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)

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How I considered this complaint

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

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My assessment

6. Ms B accepts she breached the parking permit terms and conditions when she photocopied her parking permit. The terms and conditions say the Council may cancel the permit in such circumstances. And, once a permit has been revoked a person cannot apply for a new permit.
7. The Council decided to cancel Ms B’s parking permit but offered to refund the remaining duration of the permit. The Council considered Ms B’s representations but decided not to reinstate this permit. The Council explained the reasons for its decision.
8. This was a decision for the Council to make. It is not our role to tell the Council it should have made a different decision.
9. Ms B has complained about the tone of the Council’s handling of this matter including internal notes. But, I have not seen any information to suggest improper conduct.
10. So, there is not enough evidence of fault to justify an investigation into Ms B’s complaint.

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Final decision

11. We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman