Summary: The Ombudsman will not investigate this complaint about a Council-operated car park. Part of the complaint is made too late and it is unlikely investigation would achieve any worthwhile outcome. The Ombudsman cannot look at complaints about how the Council spends its income from car parking.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about the operation of a Council-owned car park near to his home. In particular, he says signs telling motorists if there are spaces available have not worked for six years. As a result, motorists try to park when it is full which leads to congestion in local roads.
2. Mr B is also unhappy with the way in which the Council spends the income it receives from car parks.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
6. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely further investigation will lead to a different outcome; or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I have considered what Mr B said in his complaint and background information provided by the Council, including its responses to Mr B.

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What I found

8. I consider the Council has given Mr B a full response to his concerns and investigation would add nothing significant to what we know.

Analysis

9. Mr B says the signs at the car park have not worked during the six years he has lived in his current home. I consider he should have complained to us much sooner than he did and there is no exceptional reason to investigate a complaint about this now.
10. With regard to any recent issues, the Council has explained it intends improving the car park but this will depend on finance being available. Mr B would clearly like something to happen sooner rather than later, but this is a matter for the Council to decide. I do not consider we could alter this position.
11. How the Council spends its income affects ‘all or most’ of the people in the Council’s area and so is not within our jurisdiction.

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Final decision

12. I have decided we will not investigate this complaint for the reasons given in paragraphs 9 to 11.

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Investigator's decision on behalf of the Ombudsman