Summary: The Ombudsman has decided to discontinue our investigation of Ms X’s complaint that the Council delayed in granting a disabled parking bay for her. This is to allow the Council to investigate it under its complaints procedure.

The complaint

1. The complainant, who I shall refer to here as Ms X, complains the Council delayed in granting her a disabled parking bay.
2. Ms X says she has experienced difficultly safely parking outside her property because other vehicles may be parked there. Ms X says, when this happens, she has to get out of the car in the road and move along the road in her wheelchair until she can access a drop kerb, which endangers her life. Ms X says the length of time that the situation has been ongoing has had a serious impact on her mental health.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

6. I considered the information and documents provided by Ms X and the Council. I spoke to Ms X about her complaint.
7. I also sent a draft decision to Ms X and the Council for comment. I have considered all their comments before making a final decision.

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What I found

What happened

8. The Road Traffic Regulation Act 1984 gives councils the authority to make ‘Experimental Traffic Orders’. Experimental Traffic Orders impose traffic and parking restrictions, such as road closures, controlled parking and other parking regulations indicated by single or double yellow lines.
9. An experimental order can only stay in force for a maximum of 18 months while the council monitors and assesses the effects of it. The council can make changes to the order, if necessary, during the first six months of the experimental period. Local residents have the chance to tell the council if they support the order during the first six months after the order was introduced. At the end of the six-month consultation period, the council decides whether or not to continue with the changes brought in by the experimental order on a permanent basis.
10. In December 2018, Ms X applied for a disabled parking bay near to the house she was moving to. Ms X moved to the new property in February 2019.
11. Ms X complained to the Ombudsman in November 2019 as she had not received a decision from the Council about her application. Ms X said that she had already chased the Council for a decision many times.
12. In December 2019, the Council wrote to Ms X to say that it had decided to introduce an Experimental Traffic Order that gave Ms X access to a disabled person’s permit parking bay that only she could use with a permit. It said it would introduce this parking bay with a six-month consultation period. During this time, it said local residents were able to tell the Council if they supported the proposal. At the end of the six-month period, the Council said it would decide whether to make the bay permanent. The Council said the order meant that it could take enforcement action and issue a penalty charge for any unauthorised vehicle parked in the bay.

Analysis

13. Ms X complains about the Council’s handling of her disabled parking bay application and the delays in the process.
14. As part of my investigation, I wrote the Council to ask whether it thought it had had the opportunity to consider and respond fully to Ms X’s complaint under its complaints process.
15. The Council responded to my enquiries to confirm it had not received a complaint from Ms X. This meant the Council had not had the opportunity to respond to Ms X’s complaint under its complaints process. It asked to have the chance to do so and to try to resolve Ms X’s complaint at the local level.
16. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. It would, therefore, be premature for the Ombudsman to investigate Ms X’s complaint before her complaint has completed the final stage in the Council’s procedure. I find that Ms X’s complaint should be discontinued. If Ms X is dissatisfied with the Council’s final response, she can make a new complaint to the Ombudsman.

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Final decision

17. I have discontinued my investigation to allow the Council to consider Ms X’s complaint under its complaints procedure. If Ms X is dissatisfied with the Council’s final response, she can make a new complaint to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman