Summary: We will not investigate this complaint about the Council’s decision to remove parking spaces at a station in order to improve access for a development approved by the local planning authority. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s advice to the local planning authority on highway access to a new development. He says it involved removal of drop-off spaces at a local station which he uses. He says the Council should have given more consideration to the impact on users of the station which is a sustainable transport system.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council failed to give sufficient consideration to the impact of removing two drop-off spaces at his local station when it gave highway advice to the local planning authority on a nearby development. The plans were approved, and the Council has now started the process of introducing a traffic regulation order which Mr X has objected to.
6. In this case the Council’s officers gave their assessment of the highway implications of the plans and did not object to the removal of the spaces and the introduction of new waiting restrictions. Mr X had an opportunity to object to the planning application which was considered by the borough council. He was also able to object to the traffic regulation order introducing the changes.
7. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members. Instead, we focus on the process by which the decision was made, and where we find fault in that process, we then determine whether or not it has caused the complainant a significant injustice.
8. There has been no flaw in the process through which a decision has been taken and the Ombudsman has no power to challenge the merits of the decision itself.

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Final decision

9. We will not investigate this complaint about the Council’s decision to remove parking spaces at a station in order to improve access for a development approved by the local planning authority. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman