The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters concerning the parking of a car in the garage area instead of inside the garage. This is because an investigation is unlikely to add to the Council’s own investigation or lead to a different outcome.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s handling of matters concerning the parking of a car in the garage area instead of inside the garage contrary to the terms of the garage licence. She says the parking of the car in the garage area has caused her stress and strain and she wants the Council to stop it and repaint the no parking hatched area.
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 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, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council, including its response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about a car which regularly parks in the garage area instead of inside the garage as required by the licence agreement for the garage.
The Council investigated matters and officers visited the site. Having done so, it decided that as the car was not causing an obstruction or preventing access to other garage users it would not be taking enforcement action. However, it confirmed it would write to garage licence holders to remind them of the conditions, including that which says cars should be parked in the garages and not out the front of them. It also confirmed it would repaint the hatched lines which indicate a no parking area.
While Ms X may not be satisfied with the Council’s response to her concerns, an investigation by the Ombudsman is unlikely to add to the Council’s own investigation or lead to a different outcome. Moreover, as the car does not affect access or cause an obstruction, there is a limited impact caused by its presence.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to add to the Council’s own investigation or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman