The Ombudsman's final decision
Summary: We will not investigate this complaint about a disabled parking bay. Further investigation would not lead to a different outcome.
The complaint
Mrs X complained the Council would not allow her sole use of a disabled parking bay it had installed outside her property. She said other blue-badge holders were using the bay and preventing her use of it. She said that meant she was struggling to use her vehicle as she could not part it close enough to her home. She wants the Council to agree her sole use of the bay.
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 or continue an investigation if we decide: Further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In the Council’s complaint response, it said it made it clear at point of application, that once installed, disabled bays could be used by other drivers with a blue badge. It said Mrs X’s bay was still advisory and therefore currently it could not take enforcement action against other people misusing the bay, nor could it be considered for any changes.
It recognised the problems Mrs X was facing with the bay and said in extreme cases, it could write to other residents to make them aware of the purpose of the bay and encourage them to apply for a disabled bay if needed. However, the Council explained it would usually start that process six-months following the installation of the bay.
Although Mrs X is unhappy with the Council’s response we will not investigate. Although frustrating for Mrs X, other blue badge holders are entitled to use the disabled bay. The Council has outlined there is a process it can follow six months after installation if there are on-going difficulties with access. If Mrs X faces ongoing difficulties, once the bay has become legal, she can ask the Council to use this process. Further investigation by the Ombudsman will not lead to a different outcome.
Final decision
We will not investigate Mrs X’s complaint because further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman