The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to install parking bays near her home. There is insufficient evidence of fault to warrant our involvement.
The complaint
Mrs X complained about the Council’s decision not to install parking bays near her home. The Council decided it would not do so because of trees in the area.
Mrs X said the matter caused her frustration and distress.
Mrs X wants the Council to remove the trees and create more parking.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to install parking bays near her home. The Council explained it would not install parking bays in the area because of its policy regarding trees. The area Mrs X would like the Council to change to parking is currently occupied by trees. The Council said it would not remove the trees unless they posed a risk.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
The Council implemented its policy and explained its reasoning. There is insufficient evidence of fault. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman