Summary: We will not investigate this complaint about the Council’s decision not to introduce parking restrictions on a road to the rear of Mr X’s property. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has discriminated against him by not introducing parking restrictions on a road to the rear of his property. He says vehicles are parking on the pavement and blocking access to dropped kerbs and that he has been caused stress by the situation.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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. (Local Government Act 1974, section 34(3), as amended)
3. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council, including its responses to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about vehicles parked on the road to the rear of his property, some of which parked over part of the pavement. The Council told Mr X that there were no parking restrictions in the road so vehicles could park there and that the police were best placed to deal with any parked illegally.
7. In response to Mr X’s request that double yellow lines be introduced on the road, the Council said while it had the powers to introduce parking restrictions, it had to prioritise its limited resources and that parking restrictions would not be introduced in his area at this time.
8. While I understand Mr X may be disappointed with the Council’s decision, it is for the Council to decide whether and when to introduce parking restrictions. We are not an appeal body and it is not our role to review the Council’s decision. As I have seen no evidence to suggest Mr X has been discriminated against or that fault affected the Council’s decision, we will not investigate the complaint.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman