Summary: We will not investigate this complaint about a blue badge parking policy as the injustice claimed by the complainant does not arise directly from this but from the issuance of a parking penalty charge notice by a different authority and this can be remedied by an appeal to London Tribunals.

The complaint

1. Mr X complained the Council’s policy for digital blue badge holders to park in disabled parking bays is not clear and this resulted in him being issued with a parking penalty charge notice (PCN) for not displaying a physical blue badge. Mr X wants the Council to have the PCN cancelled.

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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)

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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. The Council introduced a digital blue badge scheme to stop the theft of blue badges from vehicles. The permit is issued online, and blue badge holders do not need to display anything in their vehicles.
7. The Council has told Mr X, however, that the scheme does not apply to the place where he parked as he parked on a route managed by another authority, albeit within the Council’s own area. As another authority issued the PCN, the Council explained it could not cancel it and it advised Mr X of his right to appeal, via the other authority.
8. The substantive injustice caused to Mr X is the issuing of a PCN, not by the Council, but by another authority. The law provides an appeal route that Mr X can use to challenge the PCN, and it is reasonable to expect him to follow this route. The Council cannot cancel the PCN; we cannot ask it to, and we are not another level of appeal.
9. It is reasonable therefore to expect Mr X to appeal against the PCN and we will not therefore investigate.

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Final decision

10. We will not investigate Mr X’s complaint because the injustice caused to him can be remedied by way of an appeal against the PCN.

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Investigator's decision on behalf of the Ombudsman