The Ombudsman's final decision
Summary: We will not investigate this complaint about the exclusion of the complainant’s job from the list of professions that qualify for a parking permit. This is because there is insufficient evidence of fault by the Council and because it is a late complaint.
The complaint
The complainant, Mr X, complains the Council has discriminated against him because his job is not included in the list of trades and professions which qualify for a parking permit. Mr X wants his job to be added to the list.
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 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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I considered the list of qualifying professions and our Assessment Code.
My assessment
When the Council set up the Residents Parking Permit scheme it agreed a list of professions which qualify for a permit.
In April 2022 Mr X complained to the Council that his job is not on the list. The Council explained the list was agreed by the leader of the cabinet and the Mayor and any changes would have to be approved by councillors. The Council said Mr X’s request had been logged for consideration when the Council reviews the scheme. The Council explained the complaints process cannot be used to change decisions made by elected members and Mr X should make his points to elected members. The Council sent its final response in October 2022 and Mr X complained to us in July 2024.
We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by explaining the background to the list, that elected members decide who should be on the list, and the list cannot be changed through the complaints process. The Council correctly explained Mr X should put his concerns to elected members.
We are not an appeal body and we cannot change council policy. It is for the Council, not us, to decide which professions should qualify for a permit. As the Council suggested, Mr X could make representations to councillors and explain why he thinks his job should be added to the list.
I also will not start an investigation because this is a late complaint. Mr X complained to the Council in 2022 but did not complain to us until 2024. I have not seen any good reason to accept a late complaint, especially as there is no suggestion of fault.
Final decision
We will not start an investigation because there is insufficient evidence of fault by the Council and because this is a late complaint.
Investigator's decision on behalf of the Ombudsman