Summary: We will not investigate Miss X’s complaint about a Penalty Charge Notice and the Council’s consideration of her Equality Act rights. We have not seen enough evidence of fault to justify a further investigation.

The complaint

1. Miss X complains the Council failed to consider her circumstances as a Blue Badge holder and make reasonable adjustments. She says she explained her disability, but the Council escalated the Penalty Charge Notice (PCN) it had issued to her.
2. Miss X also complains the Council delayed responding to her and directed her to communicate via post only. She said the PCN has caused her distress.
3. Miss X would like the Council to apologise and offer her compensation. She said the Council should also review its procedures to ensure other people are not affected in the same way as her.

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The Ombudsman’s role and powers

4. 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)).
5. 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.

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How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X is a Blue Badge holder, and the Council issued her a PCN for parking in a bay reserved for a disabled permit holder.
9. We will not investigate Miss X’s complaint because we have not seen enough evidence of fault with the Council’s actions to justify a further investigation.
10. The evidence available shows the Council considered Miss X’s status as a Blue Badge holder. However, it explained that the Equality Act does not allow it to override local parking laws and regulations. The Council said it also had to consider the needs and equality rights of the disabled permit holder.
11. The Council said it could therefore not cancel the PCN on equality grounds.
12. We have also not seen enough evidence of significant fault or delays with the Council’s communications to justify a full investigation. The Council said it only asked Miss X to contact it via post if she wanted to serve it legal pre-action letters.

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Final decision

13. We will not investigate Miss X’s complaint because we have not seen enough evidence of fault to justify a further investigation.

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Investigator's decision on behalf of the Ombudsman