Summary: We will not investigate this complaint about the Council’s consideration of parking restrictions on Mrs X’s road. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault and we cannot achieve the outcome she is seeking.

The complaint

1. Mrs X complained, because she said the Council did not take action to address her concerns about access to her dropped kerb. Mrs X said she has a child who has a disability, and she cannot always get full access when she needs it.
2. Mrs X wants the Council to restrict parking on her road.

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The Ombudsman’s role and powers

3. 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 enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in how the Council responded to her request and we could not direct the Council to take action in line with her requested outcome.

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Investigator's decision on behalf of the Ombudsman