Summary: The Council is at fault for delay and failure to communicate with Mr X about his application for a disabled parking bay. The Council has agreed to apologise and pay Mr X £300.

The complaint

1. Mr X complains the Council has not provided him with a disabled parking bay, despite agreeing he needs one more than 18 months ago.
2. As a result, Mr X, who has increasingly poor mobility, struggles to park near his home.

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The Ombudsman’s role and powers

3. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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)

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How I considered this complaint

5. I considered the complaint and information provided by the Council.
6. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

8. Mr X has a Blue Badge because he has a disability which affects his mobility. A Blue Badge allows the holder to park in marked disabled bays.
9. In August 2019, an Occupational Therapist (OT) from the Council assessed Mr X. The OT identified that Mr X would benefit from a disabled parking bay outside his home. He lives on a hill and struggles if he has to park further away.
10. The OT passed this referral to the Highways department of the Council. The next step should have been for the Council to assess the site to decide if it is a suitable location for a parking bay. If it is, there is a legal process the Council has to follow to make a Traffic Regulation Order (TRO). A TRO allows the Council to, in this case, restrict parking.
11. Mr X contacted the Council by phone several times between September 2019 and March 2020 to ask for updates.
12. In November 2019, the Council told Mr X his application was being investigated and that he should hear something by the end of that month.
13. In March 2020, Mr X complained to the Council as he had not received any updates.
14. In response to his complaint in April 2020, the Council explained that once the OT passes the request to Highways, it will process the legal order required “subject to available funding”. The Council said there had been no funding available since it received the referral for Mr X.

My findings

15. The Council accepts it was at fault in how it communicated with Mr X about his application for a disabled parking bay.
16. At various times Mr X contacted Highways only to be told his request was with Occupational Therapy, and vice versa. The Council told Mr X it would contact him by the end of November and did not do so. The Council did not tell Mr X until April 2020 that the process of the application was subject to funding. This should have been clear to Mr X from the outset. These communication failures are fault.
17. In response to my enquiries, the Council says it will ensure it assesses the site and communicates a decision to Mr X by the end of February 2021.
18. This means it will have taken the Council 18 months to progress the application. This delay is fault.
19. Mr X’s health is poor and is declining. He went to significant time and trouble trying to get updates from the Council and still does not know if or when he will have a disabled parking bay. This is an injustice to Mr X.

Agreed action

20. The Council has agreed to issue Mr X with a decision by the end of February 2021. In addition, it has agreed to take the following action to remedy the injustice to Mr X:
• Apologise in writing.
• Pay Mr X £300.
21. The Council should take this action within four weeks of my final decision.
22. The Council accepts that it needs to improve its service in this area. To this end, it is already:
• Developing a policy for how the Council will manage applications for disabled parking bays, with input from Highways and Occupational Therapy.
• Working to improve communication between Occupational Therapy and Highways and streamline the process for applicants.
• Planning to improve the information available on its website to make sure applicants know what to expect.
23. These improvements are welcome. The Council should update the Ombudsman on its progress in these areas within four months of my final decision.

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Final decision

24. I have completed my investigation. The Council is at fault. The action I have recommended is a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman