Summary: We will not investigate Mrs X’s complaint about being locked out of a Council car park. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains that when she returned to collect her car from a Council car park she found it was shut. Mrs X and her passengers had to travel home by public transport and Mrs X had to return the following day to collect her car. She complains there was no clear signage in place setting out the opening times on that day.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))

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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. Mrs X complained to the Council about the matter set out in paragraph 1, above.
7. The Council investigated. It explained the car park is usually shut on Sundays, but opens when the market is running. It displays a sign at the entrance of the car park which shows the parking times on those days. It said this information is also published on its website. It provided Mrs X with a photograph of the sign at the car park entrance. The sign states there is free parking 9:30am - 4:30pm. Mrs X did not return to the car park until 5:45pm.
8. We will not investigate this complaint. This is because there is no sign of fault by the Council here. It displays the relevant times at the entrance to the car park on Sunday market days and this can also be checked on the Council’s website. Whilst Mrs X was caused some inconvenience I can see no evidence to suggest that this was caused by fault by the Council.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman