Summary: We will not investigate this complaint about inadequate parking provision because it is late and there is no good reason to exercise discretion to investigate it now. There is also insufficient evidence of faut in the Council’s actions.

The complaint

1. Miss Y complains about the lack of parking provision for carers on a residential street. She says the lack of parking meant carers were focusing more on this matter than on delivering care to her mother.
2. Miss Y says the Council should introduce a scheme specifically for carers, like other local areas.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Miss Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss Y complained to the Council in January 2025 about the lack of parking provision for carers on a residential street. We expect a person to complain to us within 12 months of being aware of a matter and Miss Y did not raise her complaint with us until May 2026. This complaint is therefore late, and there is no good reason to exercise discretion to investigate it now.
9. The more time passes between the events and a complaint, the more unlikely it is we can investigate them effectively, gather reliable evidence and reach a sound decision. In older cases we also may not be able to achieve a meaningful remedy because too many circumstances have changed. We are often unable to be able to show why events occurred or understand who was responsible.
10. Even if the complaint was not late, we would not investigate it. This is because there is insufficient evidence of fault in the Council’s actions to justify our involvement.
11. The Council explained the current Traffic Regulation Order (TRO) relating to the residential street is limiting. It said it had reviewed its permit scheme and recognises the need for greater discretion to be given to those issuing permits. The Council says it will consider expanding the scheme to better accommodate carers, but notes that changes to TROs can be a lengthy process.
12. I understand Miss Y feels the permit scheme is inadequate in accommodating carers who complete home visits. However, the Council is not responsible for ensuring carers can park vehicles on specific residential streets. If Miss Y is concerned by the actions of the carers, she should raise a complaint with the care provider. It is the responsibility of the care provider to ensure its staff has enough time to deliver care to its customers.
13. Miss Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

14. We will not investigate Miss Y’s complaint because it is late and there is no good reason to exercise discretion to investigate it now. Even if the complaint was not late, however, we would not investigate it. This is because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman