The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to remove parking restrictions on his road for the benefit of the residents who live there. This is because there is not enough evidence of fault to warrant investigation.
The complaint
The complainant, Mr X, complains the Council has failed to address concerns about residential parking in his road. The current parking spaces carry time restrictions which mean he cannot park outside his home and he says this has caused him stress and worry.
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 do not start an investigation if we decide 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 Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X is unhappy the Council has refused to remove parking restrictions to allow residents to park in his road, despite granting planning permission for new dwellings in the area which increase demand for on-street parking spaces. He says he is not complaining about any of the developments approved; he simply believes the Council should remove the restrictions to that he and other residents can park there.
But there is no duty for the Council to provide residents with parking spaces and Mr X and his neighbours knew before purchasing their properties that the spaces available on the road were restricted.
The Council has taken account of Mr X’s comments about parking but explained that it will not make changes now because it does not have the money to do so. This is a valid consideration for the Council and it is entitled to refuse changes on this basis. I have seen nothing to suggest the Council’s decision was affected by fault so we cannot question it.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman