Summary: We will not investigate this complaint about the Council’s decision to refuse a parking permit. This is because there is insufficient evidence of fault to warrant further investigation.

The complaint

1. Mr X complains the Council refused his application for a residents’ parking permit. He says the Council failed to apply the relevant Traffic Regulation Order (TRO).

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s property was created following redevelopment. The Council refused his application for a residents’ parking permit. Mr X says Article 84 of the TRO gives the Council discretion to decide if a redeveloped property is eligible for a permit. He says the Council instead applied a blanket policy instead of exercising discretion.
6. The Council explained Article 84 only applies to properties that already qualified for residents’ parking permits before redevelopment. It says Mr X’s property was created after the residents’ parking scheme started, so Article 84 does not apply.
7. We will not investigate Mr X’s complaint. I have seen no evidence the Council failed to consider the relevant TRO before reaching its decision. There is insufficient evidence of fault by the Council here to warrant an investigation.
8. 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 Mr X disagrees with it.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman