Summary: There is no evidence of fault in the way the Council decided to process refunds to permit holders when it suspended parking charges during Covid-19. It took into account relevant considerations when deciding to maintain its existing policy that permits would be refunded only on request. This was a decision the Council was entitled to make.

The complaint

1. Mr X complains that when the Council decided to suspend parking charges for key workers on 8 April 2020 in response to Covid-19 it:
• Failed to extend the benefit to key workers who had already purchased a parking permit for the period.
• Failed to provide advice to key workers with parking permits that they should surrender their permits and apply for a refund either directly or via the Council’s website
• Failed to extend permits by the period charges were suspended.
2. Mr X complains that as a permit holder he has been unfairly penalised compared to key workers who did not pre-pay.

Back to top

The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I have considered information provided by Mr X and the Council, including briefing papers provided to senior officers and information on the Council’s website.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Factual background

7. On 25 March the Department of Health and Social Care issued a press release stating the Government would cover the costs of providing free car parking to NHS staff and the Local Government Secretary had agreed councils would also offer free car parking to all NHS and social care workers during the Covid-19 emergency response period.
8. The press release stated ‘critical key workers will also be able to use council parking bays without time restriction or charge’. It noted many councils had already suspended parking charges for key workers in council run car-parks and bays.
9. On 3 April the Government issued guidance providing for free passes to be made available to key workers to enable them to display and obtain concessions in council owned parking.
10. A Council officer prepared a briefing note to consider whether free parking for all should be offered in light of the Covid-19 emergency. It noted that the Council’s parking contractor ceased all parking services on 24 March. This meant there was no parking enforcement other than a cash collection service so machines could still accept coins. The note indicated it would be difficult to ascertain who was a key worker or NHS volunteer. Parking income was significantly reduced and likely to fall further once it became known there was no parking enforcement. The note considered the range of people to whom it should offer free parking given the financial implications of reduced income and the costs of administering a scheme only offered to restricted groups. The note highlighted that free parking would likely lead to significantly more refund requests. This would be addressed in a separate paper.
11. A separate briefing paper was produced on parking permit refunds to consider if the Council would issue refunds to workers instructed to homework. The paper noted requests for refunds had increased. There were currently 731 monthly parking permits in circulation and a total financial liability of £38,325 if the Council were to refund them all.
12. The paper stated that the Council’s refund policy published on its website says ‘Annual, half yearly and quarterly permits will be refunded based on the number of whole months remaining including the month the permit was returned using the Monthly Permit Rate’. It noted the Council did not generally refund monthly permits (because only whole months are refundable) and the paper discussed whether it should do so given the current exceptional circumstances. The Council noted Rail season tickets were being refunded, but the cost of this was being underwritten by the Government, and the congestion charge had been suspended.
13. The Council says this paper was considered by a Board of senior officers who decided against issuing refunds for periods under a month and to retain the usual refund policy of refunding permits for periods of one month or more on request.

Mr X’s complaint

14. Mr X says that when the Council suspended charges for key workers on 8 April he registered for a free pass and got an automated reply. Mr X says he already had an annual permit from February 2020. Mr X complains that there was nothing on the Council website which indicated he had to request a refund of his permit and reapply once charges were reintroduced (which happened in July 2020). Mr X says this has left him £145 out of pocket than if he had not pre-bought a permit.
15. Mr X says when he complained, the Council told him he should have surrendered his permit in April, and it would not refund permits retrospectively. Mr X also complained the Council would not extend the permit by the period he kept the permit when charges were lifted (12 weeks).
16. The Council’s complaint response explained that it relied on parking income to provide essential services and that this income was significantly reduced. While it had decided to offer free parking to key workers, it had decided not to offer refunds over and above its existing permit refund policy, and also would not extend permits. The policy said the refund was based on the date the request was received and that there were no administrative charges. The Council acknowledged Mr X disagreed with this decision, but said it was not a decision the Council had taken lightly.

Analysis

17. I have seen a copy of the refund policy provided by the Council and checked its website. The policy states permits over a month can be refunded on a pro-rata basis, on request.
18. Where there is no fault in the process, the Ombudsman cannot intervene in the professional judgments or exercise of discretion by Council Officers, even if we may have reached a different conclusion on the same facts. (Local Government Act 1974, section 34(3))
19. The briefing papers provided by the Council show that it was alert to the impact introducing concessions would have on existing parking permit holders. It considered whether to offer a more generous refund policy (for example refunding parts of a month) but decided to keep the policy the same. The policy requires the permit holder to seek a refund and it is processed from the date the request is received for any whole months remaining on the permit. Many people had already sought refunds on their permits following the Government announcement. I am satisfied the Council took all relevant matters into account in making this decision, balancing the impact on permit holders against the financial needs of the Council given the loss of parking income.
20. The evidence supports that the matter of free parking was in the public domain and Mr X was aware he was entitled to seek a pass to entitle him to parking concessions. Mr X knew when he applied for the free pass that he had pre-paid for parking. The evidence in the briefing paper suggests the refund policy was available on its website at the time and the fact many other workers sought and received refunds supports this information was available to Mr X.
21. As there is no evidence of fault in the way the Council’s decision was made, I cannot intervene in the decision the Council reached.

Back to top

Final decision

22. There is no evidence of fault in the way the Council decided to process refunds to permit holders when it suspended parking charges during Covid-19. It decided to maintain its existing policy that permits would be refunded only on request. This was a decision the Council was entitled to make.

Back to top

Investigator's decision on behalf of the Ombudsman