Summary: We will not investigate this complaint that the Council will not remove a parking bay opposite the complainant’s home. This is because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mr X would like.

The complaint

1. The complainant, Mr X, complains the Council will not remove a parking bay opposite his home. He wants the Council to remove the bay.

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The Ombudsman’s role and powers

2. 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 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

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also looked at images of the parking bay and considered our Assessment Code.

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My assessment

4. There is a parking bay opposite Mr X’s house and driveway. Images from google streetview show the bay has been there since at least 2008.
5. Mr X asked the Council to remove the bay. Mr X said vehicles parked in the bay make it hard to use his drive and cause an obstruction.
6. In response the Council explained how he can request a new parking scheme. The Council provided a link to the webpage on its website which explains how people can ask for a new parking scheme.
7. Parking bays are installed and removed via a formal process. A council cannot install or remove a bay without following this process. Usually this process will involve assessing the site, consulting residents and advertising the proposal. There is no guarantee a request will be agreed and councils are not required to approve every request.
8. I will not start an investigation because the Council correctly signposted Mr X to the webpage which explains how he can request a new parking scheme.
9. In addition, we have no power to tell the Council it must remove the bay because it must follow the statutory process.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman