Summary: We will not investigate this complaint about how the Council handled unenforceable parking restrictions. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mrs B complains the Council failed properly to remove road markings after it discovered it could not enforce them. She says this has caused her and other people injustice because they feared receiving a Penalty Charge Notice if they parked there.

Back to top

The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
7. I recognise the circumstances of Mrs B’s complaint have affected her, but this is not significant enough to warrant us investigating.
8. The Council has also provided information about a proposed traffic regulation order which would overcome any flaws int eh existing one, which is a legitimate alternative step to removing the markings.

Back to top

Final decision

9. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman