London Borough of Southwark (23 013 242)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 15 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr P’s complaint the Council has not properly consulted with local residents about proposals to introduce parking controls. As the consultation is ongoing and no proposals have yet been introduced, there is no evidence that Mr P has suffered a significant enough injustice to warrant our involvement.
The complaint
- The complainant (Mr P) complains about the Council’s proposals to introduce a Controlled Parking Zone (CPZ). He is unhappy the Council sent a consultation questionnaire to residents in its area which gave no option to reject the proposals. He feels that he and local residents are being denied an adequate consultation. As a desired outcome, Mr P wants the Council to provide an apology and properly consult with all key stakeholders.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide there is not a significant enough injustice to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
- I considered information provided by Mr P and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- We do not investigate a complaint unless there is good reason to believe the complainant has suffered a significant personal injustice as a direct result of the actions or inactions of a council. As the Council has not yet completed its consultation, nor introduced a CPZ, the injustice Mr P claims is speculative and based on a future event. We cannot remedy a speculative injustice and there is no evidence of Mr P having suffered serious loss, harm, or distress as a direct result of alleged faults by the Council. As Mr P’s enquiry concerns a wider political and community issue, his concerns may be better addressed to his local councillor or MP rather than the Ombudsman.
Final decision
- We will not investigate Mr P’s complaint because there is not enough evidence of a significant enough injustice to warrant our involvement.
Investigator's decision on behalf of the Ombudsman