Summary: We will not investigate this complaint about how the Council dealt with a request for a disabled parking bay. That is because the complaint is late and further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council did not respond to his request for a disabled parking bay. He said the Council told him he had not submitted an application and would need to reapply. Mr X would like the Council to issue him with a disabled parking bay without him making a further application.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X applied to the Council for a blue badge parking bay in 2022. He did not complain to the Ombudsman until 2024. Therefore, this complaint is late. We expect a person to complain to us within twelve months of something has done. It would have been reasonable for Mr X to complain to us sooner about the Council’s failure to respond to his parking bay request.
8. In any event, even if this complaint was not late, we would not investigate. In the Council’s complaint response, it said it had no record of receiving a request. It confirmed it had checked its adult social care and highways records. It said it was most likely Mr X saved but did not submit the completed form.
9. The Council has reviewed its records, and provided an explanation of why it is satisfied it did not receive the form. Further investigation by the Ombudsman is unlikely to lead to a different outcome. The Council has asked Mr X to submit a new form. It has provided options of how he can do this. It is reasonable for Mr X to make a new application if he wants to request a disabled parking bay.

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Final decision

10. We will not investigate Mr X’s complaint because it is late and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman