Summary: Mr X complains the Council failed to make reasonable adjustments when he tried to apply for a residents parking permit. Mr X was not able to obtain a permit and as a result he received penalty charge notices (PCNs) for parking contraventions.

Mr X says the Council also refused to make reasonable adjustments when he tried to challenge the PCNs.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

The Council has agreed to take the following action.

• Arrange to telephone Mr X to take details of his challenge against both PCNs. The Council should inform Mr X of the outcome of the challenges verbally and in writing. If Mr X’s challenges are not successful, the Council should offer Mr X a 50% discount on both PCNs for 14 days after it has informed him of its decision.
• The Council should make sure that Mr X is given the opportunity to make oral representations at every stage of the challenge and appeal process for the PCNs and inform him of the outcome of its decisions orally and in writing as well as how he can make further appeals or challenges.
• Pay Mr X £300 to acknowledge the distress caused and time and trouble he has been put to pursuing his complaint. A senior officer should telephone Mr X to apologise for the Council’s failure to make reasonable adjustments for him when applying for his permit and challenging the PCNs.
• The Council should also take the following action to ensure it is meeting its legal duties under the Equality Act 2010.
  •  Arrange relevant training on the Equality Act 2010 for customer service staff and appeals officers in its parking department. Although the Council has reminded staff of the need to provide reasonable adjustments and what adjustments are available this has not prevented mistakes being repeated. Therefore, a deeper understanding of the relevant legislation is needed.
  • Review its systems and procedures to ensure any reasonable adjustments are agreed with customers and properly recorded.
  • Review its systems and procedures to ensure customers records are routinely checked for records of reasonable adjustments whenever contact is initiated by either the Council or the customer.
  • Review the wording of PCNs to ensure they comply with the Equality Act 2010 and provide details of how to request reasonable adjustments and make contact other than in writing.
  • Review information on the Council’s website and other literature it produces regarding challenging PCNs and applying for parking permits to make sure information given complies with the Equality Act 2010 and provides details of how to request reasonable adjustments and make contact other than in writing.
  • Take steps to ensure it retains “read only” access to any IT systems it replaces in line with its data retention policies.

We are pleased that the Council has agreed to our recommendations, has already taken some action and asked for our advice.

Ombudsman satisfied with Council's response: 16 January 2020.

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