The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to remove a number of public parking spaces in Mr X’s town. This is because there is no evidence to suggest fault affected the Council’s decision.
The complaint
The complainant, who I call Mr X, complains about the Council’s decision to remove a number of public parking spaces in his town.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Unhappy with the Council’s decision to remove a number of public parking spaces in the town, Mr X was involved in the organisation of a petition against the removal of the spaces. The petition was considered by Full Council which listened to Mr X’s presentation against the removal. However, the decision taken was that the previous decision to remove the spaces would not be overturned.
This was a decision the Council was entitled to make and its merits are not open to review by the Ombudsman. We cannot question decision taken by councils if they have followed the right steps and considered the relevant evidence and information.
In responding to Mr X’s complaint about the matter, the Council adequately addressed related concerns raised by Mr X, including consultation that had taken place and his verbal presentation which accompanied the petition.
While Mr X does not agree with the decision taken by the Council, there is no evidence to suggest fault affected it.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault affected the Council’s decision.
Investigator's decision on behalf of the Ombudsman