The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s policy on business parking permits and about changing a parking zone. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s policy on business parking permits. She says it overcharges business permit holders like her and that it has not implemented a change to its parking zones it led her to believe would take place.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We are not an appeal body and we cannot question council policy or council decisions if the Council has followed the right steps and considered the relevant evidence and information, no matter how much the complainant may disagree with them.
The Council responded to Ms X’s complaint and explained its parking permit charging policy. It further explained that because not all the properties in the area covered by the proposed zone change had signed the petition submitted by Ms X, it would have to carry out consultation with all residents who may be affected by the change. While this delay is disappointing for Ms X it is not evidence of fault by the Council.
We do not investigate every complaint we receive and, in this case, as we are unlikely to find evidence of fault by the Council, we will not investigate it.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman