Summary: We will not investigate this complaint about the Council failing to take action against illegally parked vehicles where the complainant works. There is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council has failed to take action to stop vehicles parking illegally along the exit from a business park where he works. He says it makes it dangerous for him to leave work.

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The Ombudsman’s role and powers

2. We can 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. So, 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.
• information from the Council about when Mr X has reported vehicles, and what it did in response.
• the Ombudsman’s Assessment Code.

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My assessment

4. There is not enough evidence of fault, in the way the Council has responded to Mr X’s reports of illegally parked vehicles, to justify starting an investigation. In reaching this view, I am mindful that:
• When Mr X reported vehicles in March 2024, a patrol was carried out by parking enforcement officers soon after, but no contraventions were identified.
• When Mr X reported vehicles in May 2024, it was out-of-hours, so no action could be taken that day.
• When Mr X submitted complaints about the vehicles in July and November 2024, the Council advised him to report the matter via the illegal parking form; but it did not subsequently receive any completed forms from Mr X.
• The Council has explained parking is permitted for up to 3 hours where a vehicle is displaying a valid blue badge and clock, for up to 20 minutes when loading/unloading, and for up to 2 minutes for a passenger to board/alight a vehicle. In these circumstances, vehicles may appear to be in contravention despite being exempt.
• The Council receives 1100 reports of illegal parking every month, so it must make difficult decisions about how to allocate its limited resources.

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Final decision

5. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman