Summary: We will not investigate Mr X’s complaint about dual designated blue badge and electric vehicle bays at a parking facility in the Council’s area because there is insufficient evidence of fault. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complained the Council failed to investigate his complaint about disabled parking at a facility in its area. Mr X said he was informed he could not use his blue badge to park in a dual designated bay which required users to have both an electric vehicle and a blue badge. Mr X said the matter caused him uncertainty.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

Parking bay

5. We will not investigate Mr X’s substantive complaint about the availability of parking at a Council run facility. This is because the bay was dual designated for users to have both an electric vehicle and a blue badge. The Council can designate bays in this way. Mr X does not have an electric vehicle. He therefore did not meet the criteria for parking in the bay. There is insufficient evidence of fault by the Council, and so we will not investigate.

Complaint handling

6. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

7. We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman