Summary: We will not investigate Mr X’s complaint about obstructive parking outside his property. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.

The complaint

1. Mr X lives near a school. He complained the Council has failed to take appropriate action following his reports of obstructive parking across his driveway during school drop off and pick up times. He says the matter has caused distress. He wants to Council to act to resolve the matter including implementing parking restrictions outside his house and increasing traffic enforcement officer visits to his road.

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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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint response, the Council explained what action it was taking to address the problem. It said its enforcement officers visited as often as resources would allow and had recently issued a number of penalty charge notices for parking offences. It was also providing advice and support to the school, as part of its actions to encourage parents and children to walk to school and reduce the number of cars.
7. We will not investigate this complaint as there is insufficient evidence of fault. The Council has appropriately considered Mr X’s complaint and explained to Mr X what action it is taking to try and address the problem. Although I accept Mr X wants the Council to do more, it is for the Council to decide how to allocate its resources and what actions it will take. We could not require the Council to implement parking restrictions outside his house or increase the frequency of enforcement officer visits to his road.
8. The Council has appropriately considered the matter and so we cannot question the outcome. There is insufficient evidence of fault to warrant an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman