Source · LGO (Local Government & Social Care Ombudsman)

Scarborough Borough Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-007-726 Sector Transport And Highways Category Other Decided 29 September 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint of obstructive parking as there is insufficient remaining injustice caused to Mr X to warrant our involvement.

The complaint

Mr X complains the Council failed to take action for four days about a car parked over a dropped kerb. Mr X is disabled and the parked car made it difficult and dangerous for him to exit his drive. Mr X also complains the Council’s procedure is flawed.

The Ombudsman’s role and powers

The Ombudsman investigates 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))

How I considered this complaint

I considered information provided by the complainant.

I considered the Ombudsman’s Assessment Code.

My assessment

Mr X complains the Council took no action for four days after he had reported a car parked over a dropped kerb which was making it difficult for him to exit his drive. Mr X complains the Council’s explanation that it needed written permission from him to take enforcement action is flawed given he had already submitted a written complaint about the matter.

While I recognise Mr X was caused difficulty over a period of a few days, this does not represent a level of outstanding injustice that would warrant our involvement. We will not therefore investigate.

Final decision

We will not investigate Mr X’s complaint because there is insufficient remaining injustice caused to him from it.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Scarborough Borough Council

Reference Date Summary Outcome
22-011-287 06 Dec 2022 Summary: We will not exercise discretion to investigate this complaint about access over land sold by the Council in 2003. … Other
22-010-316 01 Dec 2022 Summary: We will not investigate this complaint about the Council’s failure to accept liability for repairs to a boundary fence. … Other
22-005-202 21 Nov 2022 Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we … Other
22-008-555 12 Oct 2022 Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because it … Other
22-007-169 14 Sep 2022 Summary: We will not investigate this complaint about the Council approving a planning application which was contrary to its planning … Other
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