Summary: We will not investigate this complaint about a Penalty Charge Notice and disabled parking bays. Mr X had the right to appeal to the Tribunal and only the courts can decide if the Council has breached the Equality Act.

The complaint

1. Mr X complains the Council wrongly issued him with a Penalty Charge Notice (PCN). He also says the Council failed to have due regard to its Public Sector Equality Duty (PSED) under the Equality Act 2010. 

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

8. Mr X says he parked in a disabled parking bay, which was reserved for a named permit holder and the signage was unclear. He also says the Council did not properly consider its duties under the Equality Act 2010.
9. I recognise Mr X remains unhappy but by paying the PCN, he lost the right to challenge it further. Mr X had the right to make his case to an independent adjudicator at London Tribunals. They would have decided if the signage was adequate and if the PCN should stand. We are not another level of appeal and are not empowered to make such determinations. It is reasonable to expect Mr X to have appealed, and we will not therefore investigate.
10. The Ombudsman cannot find that a body in jurisdiction has breached the Equality Act 2010. However, we can find a body at fault for failing to take account of their duties under the Equality Act. If we receive a complaint that an individual, or group of people, with protected characteristics has been unfairly disadvantaged by the introduction or revision of a council policy, we should consider whether the council had regard for the public sector equality duty as part of its decision making.
11. The Council says the personalised disabled bays were introduced to support people with serious mobility impairments. It says alternative Blue Badge parking is available nearby and it sought to balance the needs of residents, businesses, visitors and hospital users.
12. The Council’s response shows it considered its duties under the Equality Act 2010 when introducing the personalised disabled bays. There is insufficient evidence of fault in how it considered its Public Sector Equality Duty. Section 113 of the Act provides members of the public with recourse to the county court for damages claims, if they believe they have suffered unlawful discrimination.
13. Mr X also says the Council did not provide him with information he requested. We will not investigate this matter. Mr X’s complaint concerns the Council’s handling of data matters. The Information Commissioner’s Office (ICO) is the appropriate body to consider complaints about data matters. It has the expertise to decide such matters, and can make necessary recommendations.

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Final decision

14. We will not investigate Mr X’s complaint because Mr X had the right to appeal to the Tribunal and only the courts can decide if the Council has breached the Equality Act.

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Investigator's decision on behalf of the Ombudsman