The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to make a traffic regulation order on his road and install parking restrictions. It is unlikely we would find fault in the Council’s decision-making. Nor could we direct the Council to do so either, so we cannot achieve the outcome Mr X is seeking. Because of these factors, there is no worthwhile outcome we can achieve by investigating.
The complaint
Mr X wanted the Council to make an order that would allow it to introduce parking restrictions on his road. Mr X also offered, along with other residents to provide funding toward this request.
Mr X then complained because the Council refused and said he now has the unnecessary worry about being able to get access to his driveway.
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, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint, because there is no worthwhile outcome we can achieve because it is unlikely we would find fault and nor can we achieve Mr X’s desired outcome.
Investigator's decision on behalf of the Ombudsman