Summary: We will not investigate this complaint about the Council’s decision to decline a Personalised Disabled Bay application. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Ms X complained the Council declined Miss Y’s Personalised Disabled Bay application. She said the Council also threatened to cancel Miss Y’s e-Badge permit.
2. She said the Council’s reason for declining the application was not justified. She said it caused them significant stress. She wants the Council to approve the application.

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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, or
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Ms X is Miss Y’s appointed representative. Miss Y’s vehicle is registered at Ms X’s address.
7. Ms X complained the Council declined Miss Y’s Personalised Disabled Bay application because the vehicle is registered to her address and not Miss Y’s. She said she registered the vehicle at her address because is a mandatory requirement confirmed by the Department for Work and Pensions (DWP).
8. In its response the Council referred to its policy which states a people can apply for a Personalised Disabled Bay if the vehicle is registered at the address where the bay is needed.
9. The Council said it asked Ms X to provide the evidence of the DWP’s requirement for her to register the vehicle at her address. It said Ms X did not provide the evidence.
10. We will not investigate this complaint. The Council made its decision to decline the application in line with its policy. If Miss X provides additional evidence to the Council, it could reconsider its decision. There is not enough evidence of fault to warrant our involvement.
11. Ms X complained the Council only asked for further evidence to support the vehicle registration in relation to an e-Badge permit after she made the application for the Personalised Disabled Bay.
12. In its response the Council confirmed the e-Badge remained valid. It said it required documentation to confirm Ms X’s stance that there is a requirement that she register the vehicle in her name.
13. The Council said in its final response that Ms X had not provided the requested documentation but would extend the deadline. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman