The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to remove a disabled parking bay from outside the complainant’s home. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains about the Council’s decision to remove a disabled parking bay from outside his home.
The Ombudsman’s role and powers
We 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. 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint reply and the disabled bay policy. I also considered our Assessment Code.
My assessment
A person may qualify for a disabled parking bay if they have a Blue Badge and own a vehicle for which they are the main driver. The applicant/driver must live permanently at the property where the bay is located.
Mr X had a disabled parking bay. The Council did some checks to see if a bay is still needed. The Council found out that neither Mr X nor his wife drive and they do not have a car. Mr X’s son has a car, which he keeps at his own property, and uses to take Mr X out. The Council explained Mr X is not eligible for a bay because it is only used when his son visits and bays are intended to allow disabled people to park close to their home.
I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the decision to remove the bay reflects the policy; Mr X does not drive or own a car that he keeps permanently at his home, so he does not meet the conditions for a bay.
I appreciate Mr X disagrees with the decision but we are not an appeal body and cannot re-make the decision. We can only intervene if there is fault in the way a council makes a decision and in this case there is no suggestion of fault.
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