The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s failure to introduce parking restrictions outside her property. This is because there is not enough evidence of fault causing Ms X significant injustice.
The complaint
The complainant, Ms X, complains the Council has failed to introduce restrictions to stop people from parking their vehicles outside her house. She says cars regularly park in a way that obstructs access to her property and motorists step into her garden and damage her plants.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
There is no duty or obligation for the Council to introduce parking restrictions to improve access to Ms X’s property, or to protect her private property rights. The Council has explained its first priority is road safety and the location does not raise any such concerns; it has therefore declined to introduce the restrictions she wants.
There is not enough evidence of fault in the Council’s approach to warrant further investigation and it is unlikely we could say its decision caused Ms X significant injustice in any event. This is because Ms X is in the same position she was when she purchased the property and the issue was reasonably foreseeable at that time. If Ms X considers the sellers of her property misrepresented the status or use of the parking area she may wish to consult her solicitors about a possible claim against them.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and its actions did not cause Ms X significant injustice.
Investigator's decision on behalf of the Ombudsman