Summary: The Ombudsman will not investigate this complaint about the Council’s decision that the complainant cannot have a disabled parking bay. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that the Council will not give her a disabled parking bay.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

4. Mrs X asked the Council to install a disabled parking bay near to her home. Mrs X explained she has trouble parking. In response the Council explained that it does not provide disabled parking bays. The Council also says that disabled parking bays are not limited to the use of one person so, even if it installed a bay, it would not be for the sole use of Mrs X.

Assessment

5. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council does not provide disabled parking bays so its response to Mrs X is consistent with the policy and there is no reason to start an investigation. Mrs X could lobby her local councillors and submit that the Council should change its policy and start providing disabled bays. It is for the Council, not the Ombudsman, to decide what policies to adopt.

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Final decision

6. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman