Summary: We will not investigate this complaint about the Council’s refusal to provide Mrs X with a disabled parking bay. There is not enough evidence of fault by the Council, and we cannot achieve the outcome Mrs X seeks.

The complaint

1. Mrs X complained the Council has refused her application for a disabled parking bay outside her property. Mrs X said she needs this because she has children with high levels of care needs.
2. Mrs X said she currently has to park away from her property and has difficulties walking back home with her children.

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The Ombudsman’s role and powers

3. 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))

4. 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

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

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My assessment

7. Mrs X complained the Council refused her application for a disabled parking bay outside her property. Mrs X said she needs this due to her children’s additional care needs.
8. The Council refused the application because it said Mrs X did not meet one of the required criteria of not having existing parking restrictions outside the property.
9. The Council’s criteria states it will not provide a parking bay where there are already parking restrictions in place.
10. Mrs X’s property is therefore not eligible and given the Council has acted in line with its policy, there is not enough evidence of fault in its decision making to warrant our involvement.
11. Additionally, as an outcome to Mrs X’s complaint, she wants the Council to provide her with a disabled parking bay. The Ombudsman cannot tell the Council to do this and therefore we cannot achieve the outcome sought by Mrs X.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council and we cannot achieve the outcome sought.

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Investigator's decision on behalf of the Ombudsman