The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse an application for a disabled parking bay. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Miss X, disagrees with the Council’s decision to refuse her 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 or may decide not to continue with 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 Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council can approve a disabled parking bay if the applicant: Has severe mobility problems Is a Blue Badge holder Is the main owner/driver or living with the main owner/driver Has no alternative place to park their vehicle off street Receives certain disability benefits; and The requested location must be within the public highway Miss X applied for a disabled parking bay at the closest location to her home. Her live-in carers, family and friends use her car.
The Council declined the application because Miss X is not the main driver. It says her carers can pull up outside Miss X’s home to enable her to exit the car and access her home. The driver can then park in the road. Therefore, the request does not meet the published criteria. Miss X disagrees with the decision.
The Ombudsman is not an appeal body, and we cannot question if a council’s decision is right or wrong if there was no fault in the way the decision was reached. The Council assessed Miss X’s request for a disabled parking space. It was aware of where she wanted the bay and Miss X’s carers arrangements. It decided it does not meet the requirements set out in its policy for those who can request a disabled parking space. This is a decision the Council was entitled to make. I have not seen any evidence of fault in how it reached the decision therefore I cannot question its merits.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the Council made its decision.
Investigator's decision on behalf of the Ombudsman