Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a disabled parking bay on his street because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council refused his application for a disabled parking bay near his home. Mr X said the matter caused him distress.

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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), section 34(B))

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How I considered this complaint

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

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My assessment

5. We will not investigate this complaint. The Council explained the reason it refused Mr X’s application, including the fact that Mr X has available off-street parking at his property.
6. Mr X said his adult son, who is his carer, uses that space. However, it is open to Mr X to use the off-street parking available at his property and for his son to use the on-street parking.
7. 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.
8. There is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.

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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