The Ombudsman's final decision
Summary: We will not investigate this complaint about a charge received from the Council for the suspension of a parking bay. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, who I will call Mr X, is a member of a residents association that represents residents in his building. He complains about a charge that the residents received for the suspension of a parking space, which he says was not properly communicated by the Council and is excessive.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
A managing agent working on behalf of the residents arranged for a tree to be removed from outside the building. It applied to the Council for the suspension of a parking space to ensure the tree was removed safely. Mr X says the Council did not communicate the costs to the managing agent, who did not know that a fee would be charged. Mr X also says the charge is excessive.
I will not investigate this complaint. This is because there is insufficient evidence of fault by the Council. The Council advertises its fees on its website. Prior to the suspension of the parking bay, the Council sent an invoice to the managing agent detailing the fee, which the management agent paid. I am therefore satisfied that the fees were properly communicated and that they could have been challenged before being paid. In response to Mr X’s complaint the Council has explained why the fees are set at the level they are. Mr X considers them to be excessive, but the Ombudsman cannot intervene simply because a council has a policy that someone disagrees with.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman