Summary: We will not investigate this complaint about the Council’s handling of matters relating to parking issues between Mr X and his neighbour. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation and we cannot achieve the outcome he seeks.

The complaint

1. Mr X complains the Council has not dealt with a parking issue between him and his neighbour in an equal or fair way. He says as a result his forecourt and the pathway to his property have been negatively affected by his neighbour’s parking and he wants the Council to take action to address the problem.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In investigating Mr X’s concerns about his neighbour’s parking, the Council’s Strategic Land and Property, Planning and Legal services were consulted. Having sought their advice, it was explained to Mr X that the Council had no grounds on which to take enforcement action. It suggested mediation between the parties and that if this was not an option Mr X could seek independent legal advice in relation to his rights under a covenant operative in the area. The Council explained as it no longer owned the properties, it had no status under the covenant on which to base a legal case.
7. While this is disappointing for Mr X, it is not our role to act as a point of appeal against decisions made by councils with which complaints disagree. We cannot question council decisions if the right steps have been followed and the relevant evidence and information considered. There is no evidence to suggest fault affected the Council’s decision.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman