Cheshire East Council (18 014 114)

Category : Transport and highways > Traffic management

Decision : Not upheld

Decision date : 13 Mar 2019

The Ombudsman's final decision:

Summary: Mr C complained about the Council’s handling of parking issues in a street adjoining his own, which affected him particularly due to disability. The Ombudsman has discontinued investigation of this complaint as Mr C has died.

The complaint

  1. The complainant, Mr C, complained about the Council’s handling of parking issues in a street adjoining his own, and how it dealt with correspondence about the matter.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

  1. I considered the information provided by Mr C about his complaint. He had complained that the Council had not given due consideration to his needs as a disabled person. He needed to be able to access his car, and this was made difficult at his home address due to parking issues in the area. He wanted the Council to consider the introduction of parking restrictions.
  2. I issued written enquiries to the Council, but during my investigation the Council advised me that it had been informed that Mr C had died. It provided evidence of records to support this.

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Final decision

  1. As Mr C has now died, and there is no merit now in pursuing the matter further, I have discontinued my investigation of his complaint.

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Investigator's decision on behalf of the Ombudsman

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