Summary: We will not investigate Mrs X’s complaints about the Council’s failure to take enforcement action against a car she said blocked access to her dropped kerb, or her assertion that the Council failed to consider her disabilities as part of her reports. This is because there is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.

The complaint

1. Mrs X complained the Council failed to:
1. act on her reports of a car blocking her dropped kerb access to her home; and
2. consider her disabilities as part of her reports of blocked access to her driveway.
2. Mrs X said the matter caused her distress and frustration.

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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))

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How I considered this complaint

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

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My assessment

6. Mrs X said a car on her street parks in a way which blocks her access to her home. Mrs X provided evidence of this to the Council including photos.
7. The Council considered the reports but explained in its complaint response that while the other car is parked inconsiderately, it is not blocking access to Mrs X’s driveway or dropped kerb. The Council explained it had no enforcement powers in these circumstances.
8. There are no road markings (such as double yellow lines) in the area Mrs X complained the other car is parked. The car is also not parked close to or on the dropped kerb. Consequently, although Mrs X is frustrated by the Council’s response, there is insufficient evidence of fault in its decision-making to warrant an investigation by the Ombudsman.
9. Although Mrs X feels the Council failed to consider her disabilities as part of the reports of blocked access, this is not relevant where the Council has no powers of enforcement regarding the primary matter complained about (the blocked access). Consequently, there is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman