Summary: We will not investigate Mr X’s complaint about the Council’s parking restrictions to its pay and display parking bays. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council will not allow him to park his campervan in a pay and display parking bay on the seafront. He explains he needs to use the campervan because it contains facilities to support his disabled wife. He says his campervan is similar in size to many other cars and his wife has a Blue Badge. Mr X says the Council has failed to make reasonable adjustments under the Equality Act 2010 and is discriminating against them by not allowing them to park near the seafront. He says this has caused frustration and limited their ability to access and enjoy the area. Mr X wants the Council to allow any type of vehicle to park in pay and display bays where they have a Blue Badge and can fit within the marked 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 or continue 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 cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

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

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My assessment

6. The Council told Mr X the bays he refers to are in the busiest parts of the town. It explained its policy does not allow campervans to park in on-street pay and display bays, with or without a Blue Badge. It said its policy forms part of its approach to follow the Road Traffic Act and Traffic Management Act 2004, and to preserve safe and efficient traffic flow. The Council recognised Mr X’s concerns and said its Highways team would continue to review options for motorhome and campervan users to improve access across the town. We are unlikely to find fault because the Council considered Mr X’s concerns, explained the reasons for its decision, which aligned with its policy.
7. Mr X complained the Council’s approach restricts his access and fails to meet its duty to make reasonable adjustments under the Equality Act 2010. The Council gave Mr X details of alternative parking options, including on-street disabled bays and car parks where Blue Badge concessions apply. It also signposted him to its website and provided contact details for its parking team, which can advise on suitable parking when visiting. In addition, it directed him to a website listing accessible locations with facilities that may support his wife’s needs. On balance, the Council took steps to consider its duties and offered alternative arrangements. We are therefore unlikely to find fault in how it considered its Equality Act duty.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman