Manchester City Council (24 001 010)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 22 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to stop people parking in the disabled parking bay at the front of Ms X’s property which she applied to have installed. This is because there is no evidence to suggest fault by the Council.
The complaint
- Mrs X complains the Council has not taken action to stop other motorists from parking in the disabled parking bay at the front of her property which she applied to have installed.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant’s representative and the Council, including its response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s representative complained to the Council about people using her disabled parking bay so preventing her from using it.
- The Council responded to explain that the bay was an advisory disabled parking bay only which means it has no powers to take enforcement action. It sympathised with Ms X’s position and to assist wrote to residents in the area asking them not to park in the bay. It also forwarded the images provided of a licensed taxi parked in the bay to the Taxi Licensing Team so the driver could be informed not to park in disabled parking bays again.
- We do not investigate every complaint we receive, and we will not investigate if there is insufficient evidence of fault by the Council. While Ms X may be disappointed the issue has not been resolved, the Council’s enforcement powers are limited and it has taken appropriate action to try to help.
Final decision
- We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman