Summary: Ms X complains the Council did not update the signs on her road with instructions on how to pay for parking when it removed the pay machines. She also complains about the Council’s online permit application and activation system. We find fault with the Council for having incorrect and misleading signs up on the road when it removed the pay machines. We have made a recommendation.

The complaint

1. Ms X complains the Council did not update the signs on her road with instructions on how to pay for parking when it removed the pay machines. This meant she had to use two visitor parking permits unnecessarily. She also complains about the Council’s online permit application and activation system. Ms X says she is elderly and does not know how to use the internet. This means she cannot apply for visitor permits. This is frustrating for her as this means she will not be able to have visitors.
2. Ms X’s daughter, Ms Y, acts as her representative.

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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. 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)
5. 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

6. I spoke with Ms Y and considered the information she provided.
7. I made enquiries with the Council and considered the information it provided.
8. I sent a draft decision to Ms Y and the Council and considered their comments.

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What I found

Public sector equality duty

9. This duty requires all local authorities (and bodies acting on their behalf) to have due regard to the need to:
• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.
10. The broad purpose of the equality duty is to integrate consideration of equality and good relations into the day-to-day business and decision making of public authorities. It requires equality considerations to be reflected into the design of policies and the delivery of services, including internal policies, and for these issues to be kept under review.
11. To do this, it is necessary for decision-makers to understand the potential impact of their decisions on people with different protected characteristics and to identify potential mitigating steps to reduce or remove adverse impacts. This should help to ensure that the policy is fully effective for different groups of people.

What happened

12. In January 2021, Ms X made a complaint to the Council about the parking signs on her property. She said there were signs on her street stating for parking to be paid for at the pay machines.
13. She told the Council she had an engineer attend her property, but they could not pay for parking because there were no pay machines. Ms X said she had to give the engineer two of her paper visitor parking permits to enable him to park.
14. In response to her complaint, the Council confirmed it had removed the pay machines on her road in July 2020. The Council also confirmed it had left the original signs up which was confusing for the public. This is because the signs noted parking could be paid for at a pay machine when there was no pay machine.
15. The Council said it had now updated the signs to reflect the new pay by phone and pay by app options.
16. In response to our enquiries, the Council confirmed it was now using a cashless parking system and an online permit activation system.
17. The Council provided evidence it had considered the impact of the introduction of the new system on residents, especially the elderly, those who did not speak English as a first language, and residents who did not have access to a smartphone.
18. The Council also outlined the mitigation it had put in place to address the impact. This included:
• Holding parking workshops to help people understand the new process and concepts.
• Setting up a system of pay points which customers can use to pay by cash.
• Engaging with retailers and other key locations to further expand the locations where parking can be paid for by cash.
19. The Council completed an equality impact assessment. Within this assessment, the Council identified the new system would potentially negatively impact older residents. This was due to the complexity of the new system compared with the old system. The Council noted it would provide customer services training and hold library sessions to help elderly residents with navigating the new system.
20. The Council also recognised the new system required a resident to set up an account. The Council said once the account is set up, the resident can apply for different permits. The Council said the account can be set up by:
• A family member, friend, or neighbour.
• Council officers at any of the Council’s libraries.
• Council officers over the phone.
21. The Council confirmed that activation of permits can also be completed over the phone.
22. We asked the Council why it could not reissue the two visitor permits used by Ms X when the old signs were in place. The Council said it could not issue paper permits as they were no longer used. The Council said it would provide two visitor permits through its online system to replace the permits used by Ms X.

Analysis

23. The Council has already accepted fault for the signs on Ms X’s road being wrong and misleading. The fault did cause Ms X an injustice because she had to use her visitor parking permits to enable the engineer to park. She would not have had to do this if the signs had been updated to correctly reflect the methods to pay for parking.
24. The Council has apologised for this, and this is appropriate. The Council has also now offered to replace the visitor parking permits used by Ms X. I consider this to be an appropriate remedy for the injustice caused to Ms X by the fault.
25. The Council has provided evidence of its consideration of the impact of its new system. The Council has acknowledged the new system was likely to have more of a negative impact on its elderly residents, residents who English is not their first language, and residents who do not have access to a smart phone.
26. The Council has also suitably identified and put in place mitigating steps to reduce or remove the adverse impacts identified. For example, Ms X says she does not know how to use the internet and that this meant she could not apply for visitor permits. However, the Council has confirmed it can activate visitor permits over the phone. This means Ms X can apply for visitor permits over the phone instead of using the online system.
27. Therefore, while Ms X cannot access the online system, the Council has put in place alternative measures to allow her to access the permit system.
28. As the evidence shows the Council has had due regard to its Equalities duties, I cannot criticise the decision to set up the system.

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Agreed action.

29. To remedy the injustice caused by the fault identified, the Council has agreed to complete the following:
• Issue two visitor parking permits to Ms X to replace the permits she had to use. If Ms X does not have an online account, the Council should support Ms X to create one if required.
30. The Council should complete the above within two weeks of the final decision.

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Final decision

31. I find fault with the Council for having incorrect and misleading signs up on the road when it removed the pay machines. The Council has accepted my recommendation. Therefore, I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman