Summary: We will not investigate this complaint about an unsuccessful application for a disabled parking bay. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council refused her application for a disabled parking bay. She wants the Council to install a bay.

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The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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 Mrs X and the Council. This includes the correspondence about the bay. I also considered our Assessment Code.

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My assessment

5. The Council may approve an application for a disabled parking bay if the resident has absolutely no choice but to park on the street. The policy also says people will not qualify for a bay if they have space for off-road parking at the rear of the property accessed via a ten-foot (road at rear of property). The policy says the resident will be required to make any necessary alternations to form off-street parking which includes dealing with issues relating to a ten-foot.
6. Mrs X applied for a disabled parking bay. The Council refused the application because she has space for off-street parking accessed via a ten-foot.
7. Mrs X challenged the decision and explained why she would have problems using the ten-foot. In response the Council confirmed its decision because the policy requires people to make changes so they can use the space for parking.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council’s decision is consistent with the policy. I appreciate Mrs X disagrees with the decision but we are not an appeal body; we can only intervene if there is fault in the way a council makes a decision and in this case there is no suggestion of fault.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman