Summary: We will not investigate this complaint about the Council’s decision not to issue a carers parking permit for Ms X’s carer. There is insufficient evidence of fault to justify investigation.

The complaint

1. Ms X complained the Council wrongly refused her a carers parking permit. Ms X says she meets the eligibility criteria and supplied the evidence to show this. The situation has aggravated her mental health condition and caused stress for her carer. They have had to pay for a parking permit and a Penalty Charge Notice on one occasion. Ms X wants the Council to issue a permit and compensate them.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council runs a carers parking permit scheme which means people who need care can apply for a discounted parking permit for their carer to park outside their home in a residential parking zone.
7. If the person receives care, but not through the Council (for example, from a friend or family member), the Council requires certain evidence to confirm their eligibility for a permit.

8. The Council’s website says the person must provide with their application:
• “A letter confirming that the person for whom the carer permit is being applied for requires home visits from their care provider. This letter needs to be on headed stationery and dated within 3mths of the application and can be from the qualifying persons doctor (GP) or from a healthcare specialist who is providing the home support visits.
• Welfare benefit entitlement letter confirming that the person for whom the carer permit is being applied for is in receipt of the Care component of Disability Living Allowance (DLA) or Personal Independence Payment (PIP)
• A proof of address”. (https://www.newham.gov.uk/parking-permits/care-care-home-parking-permits)
9. Ms X sent documents with her application which she says meet these requirements. She sent the Council a letter from her GP which said “I understand that [Ms X] has a carer”. The Council explained this was not specific enough as it did not say Ms X required home visits from a carer.
10. Ms X provided the Council a copy of a letter addressed to her from the Department for Work and Pensions (DWP) asking her for an up-to-date postal address. This letter was about Personal Independence Payment (PIP), however did not say Ms X receives the daily living (care) component of this. The Council therefore decided this did not meet its requirements.
11. Ms X also provided the Council evidence her carer had applied for carer’s allowance. This did not indicate what decision the DWP made following this application. It therefore did not prove Ms X receives the daily living component of PIP and that she has a carer for at least 35 hours a week.
12. Where there is no evidence of fault by a council, we cannot criticise the decision it comes to. The Council was entitled to refuse Ms X’s application based on the information she provided, in line with the criteria on its website. The Council is entitled to decide what criteria needs to be met for it to be satisfied someone is eligible for a carer’s parking permit. It is open to Ms X to send evidence to the Council which meets the criteria it sets out.

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Final decision

13. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman