The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council issued her a Community Protection Warning regarding parking on a verge. Mrs X was not caused a significant injustice.
The complaint
Mrs X complained the Council issued her a Community Protection Warning (CPW) regarding parking on a verge near her home. Mrs X said the matter caused her distress and uncertainty.
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 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint. The Council issued a CPW to Mrs X and others to stop vehicle owners from parking on a grass verge in the area. The Council explained vehicles parking on the verge were causing access difficulties for larger vehicles and damage to the land.
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
The CPW is a warning to recipients to change behaviour. Mrs X and others are not entitled to park on the verge. Although Mrs X says she was caused distress and uncertainty about whether the warning was issued in compliance with the law, the CPW is only a warning and a request to change behaviour.
Consequently, Mrs X was not caused a significant injustice by the Council’s issuance of the CPW, and so we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because she was not caused a significant injustice.
Investigator's decision on behalf of the Ombudsman