Summary: We will not investigate Mr X’s complaint that the Council failed to take enforcement action against a vehicle without a blue badge which was parked for 12 hours in the disabled parking bay outside his house. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council failed to take enforcement action against a vehicle without a blue badge which was parked for 12 hours in the disabled parking bay outside his house.
2. Mr X says the bay is essential for his father who also lives there and who has a disability.
3. He wants the Council to apologise, pay him £1,000 compensation and ensure its Enforcement Services acts more quicker in future.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. One evening, Mr X reported a car without a blue badge parked in ‘his father’s’ disabled bay outside his property. He later complained and said the car was there overnight for 12 hours but the Council did not attend the site. Mr X sent further emails to the Council reporting other parking violations in the street.
8. The Council responded and explained it could not attend to every report in such tight timescales, particularly at night. It provided Mr X with information to show enforcement officers were visiting his street regularly and issuing penalty charge notices but said they could not be there all the time. It suggested he raise the issues he was unhappy about with his ward councillor. The Council also explained the disabled bay was for any disabled person and not just Mr X’s father.
9. We will not investigate this complaint. It is for the Council to decide how best to enforce parking restrictions. And there is no duty for it to attend every report of poor parking within any set timescale. Therefore, there is not enough evidence of fault to warrant an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman