Summary: We will not investigate Mr X’s complaint about the Council’s consultation with businesses before implementing parking restrictions in its area or the Council’s different treatment of businesses and residents as part of the scheme. There is insufficient evidence of fault to warrant an investigation by the Ombudsman.

The complaint

1. Mr X complained the Council introduced parking restrictions without consulting with businesses in its area. Mr X said the Council treats businesses differently to residents.
2. Mr X said he was caused frustration. Mr X said the decision to impose parking restrictions affected his business.

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 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))

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

6. We will not investigate this complaint. 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.
7. The Council conducted consultations with the public and included businesses. It decided to impose the parking restrictions following feedback. The Council explained the reason it treats residents and businesses differently.
8. There is insufficient evidence of fault in the Council’s decision-making to warrant an investigation by the Ombudsman.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman