Summary: We will not investigate this complaint about changes to parking provision affecting the use of a disabled car park pass card in different vehicles. This is because there is insufficient evidence of fault by the Council, and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains he is not able to use his disabled parking pass card across multiple vehicles in some town centre car parks following changes in 2024.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B).)

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How I considered this complaint

3. I considered information provided by Mr X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

4. The Council has a commercial lease arrangement for some town centre car parks with Company A, which it says runs those car parks as a private operator in accordance with its national policies. The Council is clear this is not a Council-commissioned service. The holder of a disabled person’s car park pass card can ensure one vehicle is registered to allow free parking in the three car parks. The pass is allocated to an individual vehicle’s registration number. The operator has installed Automatic Number Plate Recognition (ANPR) cameras in these car parks, so the vehicle a person uses must be the one registered.
5. Mr X has a disabled person’s car park pass card. He says since the ANPR cameras were installed he is no longer able to use his disabled parking pass across multiple vehicles, which he sometimes wishes to do. This is because he said he can find driving difficult and prefers to be a passenger in someone else’s vehicle, and wants to be able to use his pass when doing so.
6. There is no evidence Company A is acting on behalf of the Council to provide a council function. The Council has no power to direct Company A’s commercial policies so there is insufficient evidence of fault by the Council. We cannot investigate Company A or therefore achieve the outcome Mr X wants by investigating.

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Final decision

7. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council to warrant it, and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman