The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s lack of enforcement of a restricted parking zone. This is because there is not enough evidence of injustice to warrant us investigating.
The complaint
Miss X complained that the Council failed to enforce parking restrictions near their home. This led to people parking for longer than permitted and Miss X not being able to park outside her home.
The Ombudsman’s role and powers
We consider 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 any injustice is not significant enough to justify our involvement. 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
Miss X made a complaint to the Council about the same issue in 2023. She notes that the issue remains and continues to impact her. The Council has noted that they have a small enforcement team and a permit does not guarantee parking in a restricted zone.
Although there may be individuals parking for longer than permitted, Miss X has the option of alternative permit parking. There also appears to be unrestricted parking on the adjoining road.
Despite the possible lack of enforcement, it does not seem unreasonable for Miss X to use the alternative parking available to her. Even if the Council carried out more enforcement action it would not mean Miss X could be assured of being able to park where she wishes; the permit parking area opposite her home is not restricted to residents of that road but is available to anyone with a permit for the whole zone. We could not therefore say any lack of enforcement is denying Miss X access to parking.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of injustice to warrant us investigating.
Investigator's decision on behalf of the Ombudsman