The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to introduce a parking restriction outside Mrs X’s home. We are unlikely to find fault and, in any case, we could not achieve the outcome she wants.
The complaint
Mrs X complained because the Council refused to introduce a parking restriction outside her home, across her driveway. Mrs X said because of this she has had to experience inconsiderate parking and other nuisance, and she wants the Council carry out her request.
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; or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to paint an ‘H-Bar’ line across her driveway to deter other road users from parking across her driveway and causing an obstruction. Mrs X then complained because it refused to do so. The Council replied to Mrs X’s complaint and explained why it would not consider agreeing to Mrs X’s request.
We will not investigate this complaint because given the Council’s explanation of its decision, which is a decision it can make, we are unlikely to find fault. In any case, as an outcome, Mrs X now wants the Council to agree to her request, and we could not direct it to carry out this work.
Final decision
We will not investigate Miss X’s complaint because we are unlikely to find fault and we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman