Summary: We cannot investigate this complaint about a parking penalty charge notice because Mr X has already appealed to the relevant tribunal about the matter.

The complaint

1. Mr X complains the Council issued and, following an appeal, upheld a penalty charge notice (PCN) in a manner that was discriminatory and inconsistent with its duties under the Equality Act 2010. He says the Council failed to make a reasonable adjustment while his partner, who is Disabled, was waiting for the renewal of the Blue badge. Instead, he complains the Council issued the PCN for displaying the expired badge. He thinks the Council should cancel the PCN.
2. Mr X says the Council failed to show compassion and understanding. He says, during the Tribunal hearing, his partner was forced to disclose personal medical details. He says the Council ignored its Public Sector Equality Duty. Mr X complains the Council told him there was no policy protecting Disabled people from enforcement action while waiting for the Council to renew a blue badge. He complains the Council has not carried out an equality impact assessment for parking enforcement action. Mr X says this represents systemic discrimination against Disabled people.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
6. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
7. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council issued a PCN to Mr X after he displayed a blue badge that had expired while parking. Mr X appealed to the Traffic Penalty Tribunal, but the appeal was unsuccessful. He then approached us.
11. The law says we cannot investigate a complaint if someone has already appealed to a tribunal about the same matter. We therefore cannot investigate Mr X’s complaint that the Council refused to cancel his PCN. Also, we cannot investigate Mr X’s complaint that, during the tribunal hearing, his partner was asked questions that meant she had to disclose highly personal information about her medical conditions. We have no power to investigate the role and action of the Traffic Penalty Tribunal. And we cannot consider the Council’s actions during the hearing either.
12. Mr X complains the Council told him there was no policy protecting Disabled people from parking enforcement action while waiting for the Council to renew a blue badge. He says the Council had not carried out an equality impact assessment for parking enforcement action. Mr X says this represents systemic discrimination against Disabled people. As explained above, we do not have the power to decide whether the Council’s action is discriminatory. Only the courts can decide whether the Council had breached its duties under the Equality Act.
13. We can consider whether the Council has properly taken account of an individual’s rights in its treatment of them. In its complaint responses, the Council explained blue badge holders or the registered keeper of the vehicle have the right to challenge a PCN, and any mitigating factors are considered by the Council on a case-by-case basis. It said blue badge holders can apply to renew their badge up to 30 days before it expires. Where there are issues, like Council delays with the renewal process, the Council will consider these circumstances. The Council said it did not consider a formal blue badge “renewal gap” policy was necessary, as the current process already allowed for such considerations. Mr X was able to access the Council’s process for challenging the PCN before appealing to the Tribunal. In doing so, the Council had due regard to its duties under Equality Act. The process in place shows it considered the impact its decisions will have on the individuals affected and includes a process by which badge holders or the registered keeper can challenge the PCN. There is not enough evidence of fault to justify investigating.

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Final decision

14. We cannot investigate this complaint about a parking penalty charge notice because Mr X has already appealed to the relevant tribunal about the matter.

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Investigator's decision on behalf of the Ombudsman