The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application for a disabled parking bay. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, disagrees with the Council’s decision to refuse his application for a disabled parking bay.
The Ombudsman’s role and powers
The Ombudsman investigates 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes Mr X’s application and medical evidence, the Council policy, and the Council’s decision. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The rules say the Council will not approve an application for a disabled parking bay if the applicant has room to install a dropped kerb or when there is already a disabled bay on the same side of the street and within 50 metres. The rules say a disabled bay is not for the exclusive use of any individual Blue Badge holder.
Mr X applied for a disabled parking bay. On the application form he said he has sufficient space in his front garden to accommodate a car.
The Council refused the application on the grounds that Mr X has space to install a dropped kerb and because there is a disabled parking bay within 50 metres on the same side of the street.
Mr X appealed. He explained why he needs a bay due to his medical problems. He said he has a Blue Badge and the Council must not discriminate against him.
In response the Council confirmed that its decision to reject the application is in line with the policy. It said it cannot install a bay for every Blue Badge holder.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X indicated he has room to park in his front garden and the Council has provided evidence that there is a disabled bay within 50 metres of Mr X’s home. Mr X is correct to say that other people use the existing disabled bay but the fact that a bay may be used by other people is not a reason, under the policy, to grant an application for another bay. Rather, the rules say a bay is not for the exclusive use of any one person.
The Council’s decision to refuse the application is consistent with the policy so there is no reason to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman