Summary: We will not investigate this complaint about a lack of signage and support from staff in a council run car park. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. The complainant, Miss X, complained to the Council about the lack of signage and support from staff in a council run car park. Miss X says there was no information or provision for emergency assistance out of hours. Miss X had been unable to exit a car park late at night for 30 minutes causing her to feel vulnerable. Miss X is unhappy with the Council’s response to her complaint and says it was vague and lacking in empathy.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council about the lack of signage in one of its car parks about what to do in the event of an emergency occurring out of hours. Miss X says staff were not available to help when she could not exit the car park. Miss X said she felt vulnerable and at risk at the time of the incident. Miss X wanted the Council to improve customer safety by improving its signage and to ensure staff are available to help. Miss X wanted the Council to apologise to her and review its complaints procedure.
7. We will not start an investigation into Miss X’s complaint. While recognising the distress caused, the injustice from the matter complained about is not significant enough to warrant our involvement. An investigation is not therefore appropriate.
8. Miss X is unhappy with the Council’s response to her complaint, but we will not look at a council’s complaint responses if we are not going to look at the matter which led to the original complaint. There is no reason to deviate from that position here.

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Final decision

9. We will not investigate Miss X’s complaint because any injustice is not significant enough to warrant the Ombudsman’s involvement.

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Investigator's decision on behalf of the Ombudsman