Summary: We will not investigate this complaint about how the Council responded to reports of parking issues. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council failed to respond to parking issues on several occasions. He said it has an inadequate structure to respond to parking issues and does not consider local residents views or impact on the wider community. He wants the Council to review its policy so it can respond to issues quicker.

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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, or
• any injustice is not significant enough to justify our involvement

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X reported parking issues to the Council on several occasions then escalated his concerns to a complaint.
6. In the Council’s complaint response, it said Parking Charge Notices (PCN) can only be issued if a Civil Enforcement Officer (CEO) is present and cannot be issued retrospectively.
7. It said patrols were planned two weeks in advance but because of Mr X’s reports it would increase its attendance in the area. It also said CEOs would engage with the public if they were present at the time.
8. We will not investigate this complaint for the following reasons:
• The Council explained to Mr X what action it could take and its process for issuing PCN’s. It said it would increase its presence in the area the issues were reported and engage with the public when possible. There is not enough evidence of fault to justify the Ombudsman’s involvement.
• Our role is to consider complaints where the person bringing the complaint has suffered a significant personal injustice as a result of actions or inactions of the Council. Any injustice to Mr X is not significant enough to justify our involvement.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman