Summary: We will not investigate Mr X’s complaint about the Council not taking appropriate action in response to his concerns about people parking in a restricted area near his home. This is because there is insufficient evidence of fault with the Council and any personal injustice is not significant enough to warrant an investigation.

The complaint

1. Mr X complained the Council did not take appropriate action in response to his concerns about people parking their vehicles in a restricted area near his home. Mr X said he struggles to attend appointments and access the community. The matter has caused him frustration. He wants the Council to take enforcement action.

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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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X told the Council people are parking their cars on double yellow lines near to where he lives. He said it is close to junctions which cause obstruction, difficult for people to access the pavement and not safe for children.
6. In response to Mr X’s complaint, the Council escalated his concerns to its enforcement team. It said the enforcement team will carry our additional patrols within the area and take necessary action if it finds people have parked their cars in the restricted area.
7. We will not investigate Mr X’s complaint. This is because the Council appropriately responded to his concerns and said it would take action if it identified illegal parking. Therefore, there is insufficient evidence of fault with the Council.
8. Furthermore, we usually investigate complaints where the complainant has experienced serious harm or distress as a direct result of the Council’s actions. We recognise the injustice caused to Mr X however, we do not consider it to be significant enough 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 with the Council and any personal injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman