Summary: We will not investigate part of Mr X’s complaint about parking outside his home because there is insufficient evidence of fault. We will not investigate matters relating to his application for a disabled parking bay because the complaint is premature.

The complaint

1. Mr X complained the Council failed to consider his disabilities when it told him he could not park on a pathway. Mr X said he parked on the pathway for several years without issue and does not impede pedestrians. Mr X wants the Council to allow him to park on the pavement.
2. Mr X said the matter caused him frustration and distress.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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 the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Instruction not to park on the verge

8. We will not investigate this complaint. Motor vehicles are not allowed to park on pavements in the Council’s area unless marked as a designated bay. The area Mr X wishes to park does not have such a mark.
9. There is insufficient evidence of fault in the Council’s decision-making to warrant an investigation by the Ombudsman.

Disabled parking bay

10. As part of its complaint response the Council informed Mr X he could apply for a disabled parking bay. Mr X told the Ombudsman he has done so but is concerned the application may be refused.
11. I am not satisfied the Council has had the opportunity to consider this matter as explained at point four of this decision. If the Council refuses Mr X’s application it is open to him to appeal to the Council, complete its processes and subsequently return the matter to the Ombudsman for consideration.

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Final decision

12. We will not investigate part of Mr X’s complaint because there is insufficient evidence of fault. We will not investigate the remainder because it is premature.

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Investigator's decision on behalf of the Ombudsman