Summary: We will not exercise discretion to investigate this complaint about parking enforcement. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

The complaint

1. Mr X complained about the Council’s failure to issue penalties to cars which he has reported parking on yellow line restrictions in his area since 2022. He says the failure to act has caused him frustration and disappointment in the unaddressed breaches of parking regulations.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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, or
• any fault has not caused injustice to the person who complained, or

any injustice is not significant enough to justify our involvement.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council does not send enforcement officers to serve penalties in cars which he reports parking on double yellow lines in his area. He has been complaining since May 2022 but he is dissatisfied with the Council’s response. The Council investigated his complaint and advised him that it does not provide a reactive enforcement service and that its resources must be deployed throughout its area and cannot be concentrated on a particular area at the expense of the others. There is no statutory duty to respond to reports of parking offences within a particular timescale.
7. Mr X has been aware of parking violations in his area since at least 2022 and made complaints to the Council about the lack of action in May that year. This is outside the normal 12-month period for receiving complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
8. We have some discretion to consider older complaints. However, this would not apply here because there is insufficient evidence of any personal injustice caused by parking violations in Mr X’s area.

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Final decision

9. We will not exercise discretion to investigate this complaint about parking enforcement. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman