The Ombudsman's final decision
Summary: Miss X complained the Council installed a disabled parking bay which does not meet her needs. The Council is not at fault for the way it has installed the disabled parking bay.
The complaint
Miss X complains the Council has installed a disabled parking bay which does not meet her needs. Miss X says the bay is too short and does not encompass the full length of the dropped kerb she needs to use to safely access her vehicle. This has caused frustration and distress.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I have considered the information provided by Miss X and discussed the complaint with her on the telephone. I have considered the Council’s response to my enquiries and the relevant law and guidance.
I gave Miss X and the Council the opportunity to comment on a draft of this decision. I considered any comments I received in reaching a final decision.
What I found
The relevant law and Council policy A disabled parking bay provides on-street parking in residential areas for those with a blue badge (awarded to those with a health condition or disability that impacts on their mobility). Advisory bays cannot be enforced by the Council or the police.
The Council considers applications for a disabled parking space from those with: a valid blue badge registered to the address, a vehicle registered to that address and where there is no suitable off-street parking at the property.
If the bay is continually used by other road users who do not have a blue badge the Council will consider making a Traffic Regulation Order (TRO). This means a disabled parking sign would be displayed by the space and makes the parking bay enforceable, so action could be taken against those who misuse it.
There is a formal procedure councils must follow to obtain a TRO. This process includes publishing a notice in a local newspaper and allowing any person to object in writing within 21 days of the publication of the proposal. The council must consider all the objections made.
The Traffic Signs Regulations and General Directions 2016 set out the requirements for the size and layout of disabled parking bays. This says disabled parking bays should be 6.6m in length. However, the Council has authorisation from the Secretary of State to vary the size of its disabled parking bays. This allows for bays of between 4.5 and 6.6 metres.
What happened Miss X had an advisory disabled parking bay outside her property. Following concerns she raised that vehicles were parking over the bay, in April 2020 the Council published a Traffic Regulation Order which included the installation of an extended disabled parking bay. This proposed a disabled parking bay of 6.2m in length across the full width of Miss X’s property. This was around 1.8m longer than the advisory bay originally in place. The Council carried out a formal consultation on its proposals in September/October 2020. The Council received two objections from neighbouring properties but it considered, given the bay was within the curtilage of Miss X’s property, it did not encroach on the highway outside adjacent properties.
In 2021 Miss X applied for a dropped kerb for wheelchair access. In the application she requested the dropped kerb to be installed from the shared boundary towards her property to enable Miss X to get her wheelchair from the path to the boot of her motability vehicle. This was installed later that year.
In early 2022 the relevant Council cabinet member signed off for the works to go ahead to install the disabled parking bay.
In February 2022 Miss X complained to the Council. Miss X said she was told the disabled parking bay would be installed by early April 2022 and she wanted to ensure the entire dropped kerb was included within the bay. Miss X said the neighbour constantly parked over the dropped kerb which restricted boot access.
The Council responded in early March. It explained the bay would be extended to the property boundary and would be installed in line with the TRO to ensure it was enforceable.
Following a telephone conversation with Miss X the Council emailed her later in March. It said it fully understood Miss X’s requirements but was obliged to balance those with the parking needs of other residents and road users. The new bay would be 6.2m which was the entire width of the frontage of Miss X’s property. It said it had taken into account the position of the existing dropped kerb in installing the bay and the length of Miss X’s vehicle. It was satisfied there was sufficient clearance space to enter the rear of the vehicle and access the boot. Miss X remained unhappy and complained to us.
The Council installed the parking bay in May 2022. It runs along the full length of Miss X’s property. It includes the vast majority of the dropped kerb within its boundary.
Findings
When Miss X had difficulties with using her advisory disabled parking bay the Council agreed to pursue a TRO. It followed the correct process in doing so and installed the disabled parking bay outside Miss X’s property in line with the TRO. The Council was not at fault.
The disabled parking bay is 6.2m in length rather than the 6.6m set out in the regulations. However, the Council has authorisation to allow it to install smaller disabled parking bays. It considered Miss X’s needs as well as those of her neighbours and the availability of on-street parking in installing the bay. It decided if the bay extended over the neighbour’s boundary this could lead to objections. It is satisfied Miss X can safely use the bay. There is no fault in the way the Council reached its decision to install a 6.2m disabled parking bay.
Miss X has provided photos which show vehicles parking overlapping the disabled parking bay or dropped kerb. These are issues of neighbour nuisance/illegal parking. It is for Miss X to report these incidents to the Council and for it to consider what if any enforcement action may be necessary.
Final decision
I have completed my investigation as there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman