Summary: We will not investigate Ms X’s complaint about parking permits. This is because Ms X has not suffered any significant injustice and there is not enough evidence of fault to justify us investigating.

The complaint

1. Ms X complains about the Council's handling of her parking permit eligibility. She says the legal agreement restricting entitlement for parking permits does not clearly identify which properties are restricted. She says the Council gave conflicting advice about entitlement to permits, treated her unfairly and denied her access to parking permits available to other residents. Ms X also complains the Council delayed responding to her complaint.
2. Ms X wants the Council to review its position on permit eligibility, provide clear guidance, and address her concerns about a councillor's conduct.

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The Ombudsman’s role and powers

3. 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

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

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My assessment

7. Ms X is unhappy the Council refused her request for a parking permit. The Council refused to issue Ms X with a permit as it said the development where she lives is subject to a legal agreement that restricts entitlement for parking permits.
8. Ms X complained the legal agreement does not clearly identify the properties subject to parking restrictions. However, information about the restrictions would have been available when Ms X purchased her home. The developers and managing agents are responsible for telling occupiers about those restrictions. The Council’s role is to enforce the agreement for the properties covered by it.
9. Ms X complains the Council changed its policy because residents could previously apply for a premium permit. The Council reviewed the eligibility of residents living in Low Car Housing Scheme developments for parking permits. It considered the relevant agreements and decided residents of properties subject to the restrictions were not eligible for premium permits. It then updated its application process and website information. The Council allowed existing permits to remain valid until they expired but did not allow renewals. It also said its permit terms allow it to change permit arrangements without consulting residents. I understand Ms X disagrees with the Council's decision. However, the Council was entitled to change its policy following the review.
10. I understand Ms X disagrees with the Council's decision not to issue a parking permit. However, councils are not under a general duty to provide residents with parking or parking permits. The Council considered Ms X's concerns and applied the eligibility criteria in its permit scheme and the legal agreement for the site. Therefore, I am unlikely to find fault in the way it reached its decision.
11. The Council accepted it gave Ms X wrong advice at first about permit eligibility and apologised. The wrong advice caused Ms X frustration and uncertainty. However, there is no evidence Ms X was entitled to a permit. Therefore, I do not consider the Council's error caused a significant personal injustice warranting investigation.
12. Ms X complained the Council failed to consider its duties under the Equality Act 2010. It is not our role to decide whether a council has discriminated against someone or breached the Equality Act. Only the courts can make such findings. However, we can consider whether a council had regard to its equality duties when making decisions. I am satisfied the Council properly considered Ms X's concerns about discrimination and explained the reasons for its decision. It is unlikely we would find fault by the Council.
13. Ms X also complained about the conduct of a councillor. Complaints about councillor conduct are usually dealt with through councils' standards and code of conduct arrangements. The Council signposted Ms X to the right process.
14. Ms X complained the Council delayed handling her complaint. It is not a good use of public resources to investigate complaints about complaint procedures as a stand-alone issue where we are not investigating the substantive complaint.

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Investigator's decision on behalf of the Ombudsman