Summary: We will not investigate this complaint about a personalised disabled parking request. We are unlikely to find fault with the Council for its decision, and only the Courts can decide if the Council has breached the Equality Act 2010.

The complaint

1. Mr X complains the Council refused to assign him a personalised parking space that only he could use. Mr X says the Council’s decision makes him feel devalued, has isolated him from people and the Council has discriminated against him under the Equality Act 2010. He wants the Council to reconsider its decision and policy.
2. Mr X also complains about how the Council handled his complaint.

Back to top

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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We will not investigate Mr X’s complaint. There is no law or statutory guidance which says the Council must provide personalised parking spaces, nor is it within the Council's policy. So, we are unlikely to find the Council at fault for not providing Mr X with a personalised parking space. Although other Councils may provide the service, this does not mean this Council is at fault for not doing so.
7. It is not proportionate for us to investigate Mr X’s complaint about discrimination by the Council. This is because only the Courts can decide whether the Council has breached the Equality Act 2010, and we are not investigating the substantive issue. Mr X could ask the court to make disability-related adjustments to enable him to bring his case. I see no reason, in this case, why it would be unreasonable to expect Mr X to take court action if he wants a definitive ruling on this point.
8. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault with the Council. It is reasonable to expect Mr X to take seek a definitive ruling on the Equality Act 2010 through the courts.

Back to top

Investigator's decision on behalf of the Ombudsman