Summary: We will not investigate Miss B’s complaint that she only found out after moving into her property that she was not eligible for a permit for the nearby controlled parking zone. This is because this complaint is late. And, there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss B complains that before moving into her property, she was told she could apply for a parking permit to park on the adjoining streets. But, the Council later told her residents of her development are not eligible for a permit. Miss B complains the Council has not investigated who provided this information to prospective tenants and owners of flats in this development. Miss B also complains the Council has not tried to find a practical solution to help residents park in the area.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I considered information provided by Miss B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss B has not complained to us within 12 months of becoming aware of the issue she complains about because she moved into this development three years ago. This means this complaint is late and I have not seen any information to suggest there are good reasons for Miss B’s delay making this complaint. So, the restriction to our powers set out at paragraph 3 of this statement applies to this complaint.
8. But, even if I accepted it was not reasonable for Miss B to have made this complaint before now, we would not start an investigation. This is because there is not enough evidence of fault to justify an investigation.
9. The Council has explained that the decision notice granting planning permission for this development clearly says this is a low car development and residents would not be eligible to park in the nearby residents parking zone. There is also information about this on the Council’s website.
10. It was the responsibility of prospective purchasers and tenants to make reasonable checks about parking before moving into this development.
11. The Council is not responsible for information provided by other agencies about parking. And, the Council is not responsible for providing a parking solution for residents of this low car development.
12. So, we will not investigate this complaint.

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Final decision

13. We will not investigate this complaint because it is late. And, there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman