The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s maintenance of a parking bay because it is reasonable for the complainant to go to court.
The complaint
Mr X complains the Council failed to address a lamp post protruding into a parking bay, resulting in either damage to property or the risk of it.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has the right to apply to a Magistrates’ Court for an order requiring the Council to take whatever action is needed to bring a parking bay up to standard.
Only the courts can decide whether the Council has maintained the parking bay properly or is liable for any damage to property due to a failure to maintain it. The law also gives the Council the right to defend in court against any claims. It is therefore reasonable for Mr X to go to court and so I will not investigate.
Final decision
We will not investigate this complaint because it is reasonable for Mr X to go to court.
Investigator's decision on behalf of the Ombudsman