Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his vehicle crossover application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council refused his vehicle crossover application solely because the off-street parking area does not meet the Council’s minimum size requirements. Mr B says the Council has applied its policy too rigidly and has not considered site-specific factors which would mean a crossover would not cause a safety risk.

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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 B and have viewed Mr B’s property on Google maps and Street View. I have also considered vehicle crossover information on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s vehicle crossing criteria clearly say the off-street parking area must have a depth of 5m. And, the Council will not allow any vehicle crossing where the depth of the parking space is less than 5m. The Council has explained this requirement is to prevent vehicles from overhanging the footway, which can obstruct pedestrians and create safety risks.
6. Mr B’s property’s off-street parking area does not meet this requirement. The Council’s decision to refuse Mr B’s application was in line with its policy and the policy does not say shorter off-street parking areas may be allowed.
7. So, there is not enough evidence of fault to justify an investigation.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman