Summary: We will not investigate this complaint about restricted access to a city centre road for blue badge holders. There is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council had restricted blude badge holders’ vehicle access to a city centre road. She said the Council introduced the restriction to promote greener forms of transport, however, this discriminated against blue badge holders who were reliant on their vehicles. She said the restricted access led to longer journey times and an increase in fuel costs. She wants the Council to reconsider its decision.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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, or
• there is another body better placed to consider this complaint.

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
7. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.
8. The Council’s decision to restrict vehicular access to its city centre has come following several years of consultation. The Council accepts the restrictions disadvantage Disabled people who could not use the bus but said it did not amount to discrimination under the Equality Act. It said the restriction was a proportionate means of achieving a legitimate aim.
9. We will not investigate this complaint. The Council has considered the Equality Act when introducing the restrictions. It has responded to Ms X’s concerns about its decision and set out its reasons for restricting vehicle access. There is not enough evidence of fault to justify our involvement. If Ms X believes the Council’s actions are discriminatory and it has failed to properly apply the law that would be a matter for the courts.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement and the matter of discrimination can only be decided by the courts.

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Investigator's decision on behalf of the Ombudsman