Summary: Mr X complained about the Council’s refusal to issue him with a parking permit for the block where he lives. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision not to allow him a permit to park his car outside his housing block.

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The Ombudsman’s role and powers

2. 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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has been given an opportunity to comment on the draft response.

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What I found

4. Mr X lives in a housing block rented from a housing association. He applied to the Council for a parking permit so that he can park his car near his home. The Council refused his application because it says his home is in a car-free zone. The development was built with a planning restriction which required no car parking permits to be issued apart from those to disabled blue-badge holders. This was to discourage car ownership and encourage the use of adequate public transport services in the area.
5. The Council told Mr X that it was the responsibility of his landlord to inform him of any restrictions or covenants when he signed the tenancy with it. The Council cannot remove the condition which has been in force since the development was constructed.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case the Council has properly explained to Mr X why it cannot issue a permit and there is no fault in this action.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman