The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s enforcement of parking restrictions in its area because there is insufficient evidence of fault. We will not investigate the Council’s complaints handling because the tests in our Assessment Code are not met.
The complaint
Mr X complains the Council failed to: enforce parking contraventions in its area. Mr X said the issues meant the public is placed at risk; and respond to his complaint properly.
Mr X said the matter caused him distress and time and trouble.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parking enforcement We will not investigate this complaint. In its complaint response, the Council explained actions it takes to enforce parking restrictions in the area Mr X complained about. It told Mr X it visited the area over 700 times in a 12-month period and issued 40 Penalty Charge Notices. It explained it cannot attend the location at all hours, but provides an enhanced deployment of officers to check for parking infractions.
There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.
Complaint handling It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.
Final decision
We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman