The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision she is not eligible for a parking permit. This is because there is no sign of fault by the Council.
The complaint
The complainant, Ms X, complains about the Council’s decision she is not eligible for a parking permit. Ms X says this impacts her family’s daily life and she disagrees with there being a blanket ban on issuing of a permit. She feels discriminated against as a resident of a permit free development.
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) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about its decision she is not eligible for a parking permit.
The Council explained that as Ms X lives in a permit free development she is not eligible for a permit. The restriction was put in place as a condition of the granting of planning permission for the development. It explained it cannot reverse the decision for Miss X to allow her a permit.
We will not investigate Ms X’s complaint. This is because there is no sign of fault by the Council here. An investigation by this office could not add to the response and explanation the Council has already provided via its own investigation. We are not an appeal body and we cannot question the merits of the Council’s decisions where, as here, there is no sign of fault in the way in which it was reached.
Final decision
We will not investigate Ms X’s complaint because there is no sign of fault by the Council in its decision Ms X does not qualify for a parking permit.
Investigator's decision on behalf of the Ombudsman