Summary: We will not investigate Mr X’s complaint that the Council refused a pro-rata refund for a parking permit. There is insufficient evidence of fault to warrant an investigation by the Ombudsman. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complained the Council:
1. refused to issue a pro-rata refund for a parking permit; and
2. failed to consider his complaint in line with its policy including delays and an inadequate investigation.
2. Mr X said the matter caused him frustration and financial loss.

Back to top

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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

Refused to issue a refund

6. We will not investigate this complaint. Mr X’s V5C for his vehicle was not registered to the address in the Council’s area. When Mr X requested a pro-rata refund, the Council found the V5C was not registered at the address and therefore refused the refund in line with its terms and conditions.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
8. The Council followed its policy when making the decision. There is insufficient evidence of fault to warrant an investigation by the Ombudsman.

Complaint handling

9. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.

Back to top

Investigator's decision on behalf of the Ombudsman