Summary: We will not investigate Mr X’s complaint about the Council’s handling of his request for parking restrictions on his road. This is because there is not enough evidence of fault affecting the Council’s decision.

The complaint

1. The complainant, Mr X, complains the Council refused his request for parking restrictions along his road and failed to answer his questions.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong.
6. The Council has explained the reasons it has decided not to introduce parking restrictions along Mr X’s road and I have seen no evidence of fault affecting its decision. We cannot therefore question it.
7. There is no question there are issues with parking on Mr X’s road but the Council does not consider they are such that it would warrant introducing parking restrictions. The Council’s decision is in-line with its policy on the issue and is a decision it was entitled to make. While Mr X believes it is unfair the Council has implemented restrictions in other areas he believes do not meet the Council’s criteria any such decisions do not directly or significantly affect him.
8. Mr X is also unhappy with the way the Council dealt with his complaint, including failing to answer his questions. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman