The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s disposal of land for housing development which has led to the loss of car parking space used by Mr X. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Mr X, complains about the reasons and procedures used by the Council to dispose of land by lease that was a well-used and long-standing car park. As a result of the disposal, parking his family’s second car has become more difficult and access to the back of his house and road safety have been affected.
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 an organisation’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 the complainant, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X and other local residents used to use land owned by the Council to park their cars. The Council disposed of this land for housing development.
Mr X complained to the Council that it had disposed of a public car park and that it had not done so in accordance with correct procedures or in line with earlier decisions it had taken about the land.
The Council addressed Mr X’s complaint and confirmed the land had never been a public car park but instead it had been used by the public as an informal parking area. It said it had correctly disposed of the land in accordance with the relevant procedures. It did, however, recognise Mr X’s concerns and said it would work with him, councillors and the housing developer to try and resolve parking issues.
While I understand Mr X is disappointed that he can no longer park his car in the area he had done, I have seen no evidence to suggest there has been fault by the Council.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman