Summary: The Council was not at fault for refusing Mr B’s application for a disabled parking space outside his mother’s house. It acted in line with its policy and properly considered her individual circumstances, so I cannot question its decision.

The complaint

1. The complainant, whom I refer to as Mr B, complains about the Council’s decision to refuse his application for a disabled parking space outside his mother’s property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with a council’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)

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How I considered this complaint

4. I considered information from Mr B. I wrote to Mr B and the Council with my draft decision and considered their comments.

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What I found

5. The Council refused Mr B’s application in 2018 because its policy says the applicant must live at the address named in the application, and the applicant’s vehicle must be registered at the same address.
6. By Mr B’s own admission, the vehicle named in the application is his, and he does not live with his mother. Because of this, the Council refused his application.
7. However, Mr B feels that his mother’s disability-related needs should outweigh the requirements of the Council’s policy. He says his sister lives with their mother and is her primary carer, but cannot afford a car. He says he provides transport but usually cannot park outside his mother’s property. He says cars park so close together that she cannot fit her wheelchair between them to get onto the road.
8. It is clear that the Council’s refusal of Mr B’s application was in line with its policy. However, councils are under the duty to consider equalities issues (in this case, Mr B’s mother’s disability) in making decisions. If the Council feels her individual circumstances justify a diversion from its policy, it has the power give her a space.
9. The Ombudsman cannot make a decision on a council’s behalf. But we do expect councils to properly consider the use of their powers before making decisions.
10. If a there is no fault in how a council makes a decision, we cannot question the decision itself.
11. In response to Mr B’s stage 1 complaint, the Council noted Mr B’s mother’s health issues, and acknowledged that a disabled parking space would be of benefit to her, because it would help Mr B to pick her up and drop her off.
12. However, it went on to say that this did not justify going against its policy in this case. It said this was because, if it allowed disabled spaces for vehicles belonging to people who lived elsewhere, it would have to put in a lot of additional spaces, and it would be very difficult to monitor how often these spaces were being used. It said this could lead to there being hundreds of barely-used spaces across the borough, putting huge pressure on parking availability.
13. The Council concluded that, while ignoring its policy in Mr B’s case would be of great help to him and his mother, to act in such a way would not be fair to other motorists – either those who have previously been refused under the policy, or others who need access to street parking – and it refused his application.
14. Having reviewed the documents Mr B has provided, I am satisfied that the Council properly considered his mother’s individual circumstances before refusing his application. Because of this, I cannot question its decision.

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Final decision

15. The Council was not at fault for refusing Mr B’s application for a disabled parking space outside his mother’s house.

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Investigator's decision on behalf of the Ombudsman