London Borough of Merton (25 018 475)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 07 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with Miss X’s application for a disabled parking bay near her home. There is not enough evidence of fault in the Council’s actions to warrant our further involvement.
The complaint
- Miss X said the Council failed to properly consider her accessibility needs when deciding where to place a disabled parking bay near her 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 or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Part of Miss X’s complaint concerns a Council decision in 2023. This matter is late and there is no good reason to exercise discretion to consider it now.
- Regarding the Council’s actions in 2025, it gave Miss X reasons why it considered the space outside her home suitable for a disabled parking bay, and why it did not accept her suggestions concerning felling a tree, or placing the bay on the opposite side of the road, or where it should affix a sign. While Miss X disagrees with the Council’s logic, that is not of itself evidence of fault or a failure to consider the matter properly in the light of her needs as a disabled person.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant our further involvement.
- The complaint regarding the Council’s actions in the same matter in 2023 is late and there is no good reason to exercise discretion to consider that matter now.
Investigator's decision on behalf of the Ombudsman