The Ombudsman's final decision
Summary: We will not investigate this complaint about congestion in a car park. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, says it is difficult for leisure centre customers to park in the car park due to an excessive number of Council staff who have permits to park there. Mr X wants the Council to reduce the number of staff permits or limit staff parking to one area.
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))
How I considered this complaint
I considered information provided by Mr X. I also considered our Assessment Code.
My assessment
Mr X complained to the Council about a lack of parking in the car park for leisure centre users. The leisure centre membership includes three hours of free parking. Mr X says Council staff use permits to park in the car park. Mr X says some customers have been unable to attend their leisure activity because they could not find a parking space.
The Council has acted in response to Mr X’s complaint. For example, it has moved staff training from Wednesdays to free up space, and avoids meetings on Mondays and Wednesdays which are the busiest days. It reclaimed four parking spaces from overgrown trees and re-timed the start of a class. It also asked leisure centre staff to park elsewhere if possible. The Council told Mr X it is a public car park, not for the sole use of leisure centre members. It said further action is pending and it is reviewing its parking strategy and staff permit scheme. The Council told Mr X it would consider his comments as part of the wider review.
I appreciate the Council might not be considering the exact solution that Mr X may want. But, I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council has responded appropriately by making some changes, reviewing the parking data, and will take further action following a review. The Council is considering the parking issues and there is nothing more we would ask it to do. It is for the Council, not us, to decide how to manage its parking provision.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman