Summary: The Ombudsman will not investigate Mr X’s complaint about the Council not taking action about a parking issue as there is no indication of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council will not take action against his neighbour who parks in front of his garages, blocking Mr X’s access. Mr X complains the neighbour is abusive when he challenges him about this. Mr X also complains his neighbour has illegally installed dropped kerbs on the land near to Mr X’s garages.

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

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How I considered this complaint

3. I have considered what Mr X said in his complaint and copies of the Council’s complaint responses, which it has sent to me. I have considered Mr X’s comments made in response to my draft decision.

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What I found

4. Mr X complains about a neighbouring landowner who he says parks in front of his garages, blocking access to them. Mr X complains the Council refuses to take action about this and that his neighbour is abusive towards him. Mr X also complains his neighbour has illegally installed dropped kerbs on land near to Mr X’s garages.
5. The Council has advised Mr X that as the road to the rear of his property, where the parking issues take place, is unadopted, it can take no action. It says it has advised Mr X to contact the police about the other matters.

Analysis

6. There is no indication of fault by the Council. It explains that as the land is unadopted, it can take no action. Even if the land was public highway, issues about obstructive parking are generally matters for the police. The abusive behaviour of Mr X’s neighbour is also a matter for the police.
7. For these reasons, I can see no grounds for our involvement.

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Final decision

8. The Ombudsman will not investigate this complaint as it is unlikely he will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman