Summary: Mrs X complained about the Council’s refusal to provide a disabled parking space outside her father’s home to assist with her grandparents when she collects them for appointments etc. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains that the Council refused a disabled parking bay for her grandfather. She says it is sometimes difficult to park outside and manoeuvre his wheelchair to and from her car because other vehicles may be parked there. She also complained about tree roots from a tree on a neighbouring Council property causing problems to the path.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I have considered all the information which Mrs X submitted with her complaint and she has been given the opportunity to comment on the draft decision.

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What I found

5. Mrs X asked the Council to provide a disabled parking space so that she could park outside her grandparents’ home without having to push a wheelchair too far when other vehicles were parked outside.
6. The Council rejected her application because it said it was reasonable for her to double park on occasions where there was no space and because her grandparents do not own their own car which is one of the criteria.
7. Mrs X complained about the condition of the footpath from her grandparents’ home which she says is damaged by tree roots from a tree in a neighbouring Council property. She wants the Council to carry out work to the tree to ensure the path is level.
8. 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. The Council is the authority which must decide which residents qualify for disabled bays.
9. The Ombudsman cannot investigate a complaint about trees in Council housing gardens. Since 2013 matters concerning management of property by social housing landlords has been outside our jurisdiction.

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Final decision

10. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman