Summary: We will not investigate this complaint about the Council’s refusal of Mr X’s application for an Advisory Disabled Bay Marking. There is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained about the Council’s handling of an application for an Advisory Disabled Bay Marking (ADBM) outside his home for the benefit of his child. The Council declined the application, and Mr X says this will have a negative impact on his child’s health. Mr X wants the Council to use discretion and approve the application.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X applied to the Council for an Advisory Disabled Bay Marking (ADBM). Mr X said his child has a medical condition and the ability to park outside his home would help him to manage this. Mr X said they previously had one provided by the Council in 2019.
6. The Council responded to Mr X’s application and explained that increased demand, residents’ concerns about availability of resident parking, and changes to the eligibility criteria for Blue Badges, prompted it to revise its policy for ADBMs in 2023. Because of these changes, the Council declined the application as it did not meet the criteria.
7. We will not investigate this complaint. This is because the Council followed its policy when it made the decision to decline the application. Therefore, there is not enough evidence of fault to warrant our involvement.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman