The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with parking issues in the area where the complainant lives. This is because we are unlikely to find fault.
The complaint
Ms X has complained the Council has failed to take action to deal with parking contraventions in the area where she lives. Ms X says vehicles park on the pavement and double yellow lines causing safety issues.
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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
Ms X has contacted the Council on many occasions to raise concerns about a business near her home parking vehicles on the pavement and double yellow lines.
The Council has provided information to show how often it patrols the road and the number of parking fines it has issued. The Council has explained its officers must cover a large area and an enforcement officer cannot remain at the location all day. The Council has said it has made changes so it can be in the area more often and the information it has provided shows it is regularly patrolling the area.
I understand Ms X says the Council should do more to address the parking problems and issue a fine to the business. However, I consider the Council has responded appropriately to Ms X's concerns. Therefore, it is unlikely I could find fault.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman