Summary: We will not investigate Mr X’s complaint that the Council failed to act when vehicles parked in advisory disabled parking bays in its area without displaying blue badges or that the Council failed to provide a long-term solution because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council failed to act on his reports of vehicles parking in advisory disabled parking bays on his street without a blue badge. Mr X said the Council also failed to provide an effective, long-term solution to the issue.
2. Mr X said the matter caused him frustration and distress.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has a blue badge. On his street there are several advisory disabled parking bays. Mr X said vehicles that do not display blue badges park in the bays. Mr X wants the Council to act to enforce the bays.
7. The disabled parking bays are advisory only. This means the Council (and the wider public) relies on drivers’ goodwill not to use the bays unless they have genuine need. However, if a vehicle parks in the advisory bay, this does not amount to a parking contravention as the bay is advisory only. The Council has no power to enforce the bays without a Traffic Regulation Order (TRO).
8. In its complaint response, the Council explained the reason it had not obtained a TRO. The process of obtaining a TRO is lengthy and expensive. The Council explained it visited the area Mr X complained about, put up warning signs, and found on the occasions it visited either that at least one disabled parking bay was still available, or the bays were occupied by those displaying a blude badge. It therefore concluded it would not obtain a TRO in line with its policy.
9. There is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.

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Final decision

10. 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