Summary: We will not investigate this complaint that the Council will not provide alternative parking or access so the complainant can access a riverbank. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has not provided alternative parking or access during building work. The road closure during the work means he cannot park to access the river to engage in a leisure activity for which there is a charge. Mr X wants compensation for the loss of access or for the Council to provide alternative parking.

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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 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council is doing major highway repairs which have required it to a close a road. This is for safety and to allow room for construction traffic and machinery.
5. Mr X used to park on the road and access the river for a leisure activity. He pays a charge for the activity. Mr X says he cannot pursue the activity due to the lack of parking and access. Mr X asked the Council for alternative parking or compensation.
6. The Council explained why the work is necessary and why it had to close the road. It said there is no space to provide alternative parking but pedestrian access along the road, and to the river, is available. The Council said it did not provide parking for the activity before the closure but said Mr X used parking spaces on the public highway which could be used by anyone. The Council explained it would not be safe to allow traffic into the area during the work and it is not possible to provide alternative parking.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council did not previously provide parking linked to Mr X’s activity, or as part of the charge, so there is no requirement for it to provide alternative parking. Further, while it may not be ideal, pedestrian access is still available. I appreciate the works may be limiting Mr X’s use of the river but this is the consequence of essential work rather than fault by the Council.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman