Summary: We will not investigate Mr X’s complaint about the installation of a disabled parking bay on his road. There is insufficient evidence of fault to warrant an investigation by the Ombudsman.

The complaint

1. Mr X complained about the Council’s decision to install an additional disabled parking bay on his street. Mr X said the parking bay is larger than required with a marked hatch in place he feels is unnecessary. Mr X said the Council failed to consider residents’ objections before installing the bay.
2. Mr X said the matter caused him frustration. Mr X wants the Council to reduce the size of the disabled parking bay.

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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. (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. We will not investigate this complaint. There is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.
7. The installation is broadly in line with what was consulted. Although some residents objected, the Council decided to proceed with the installation. Residents are not entitled to parking outside their home on the public highway.
8. The reason for the marked/ hatched section is to enable disabled vehicle users to enter and exit their vehicles without hinderance. Although another car might be able to fit without the marked hatch, it would mean disabled users may find it more difficult to enter and exit their vehicle. The Council chose the design to ensure this was not the case.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman