London Borough of Camden (24 008 326)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 15 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about how the Council handled her application for a disabled parking bay. This is because the Council has already investigated and replied to Ms X, and we could not add anything to that investigation.
The complaint
- Ms X complained the Council refused her application and subsequent appeal for a disabled parking bay outside her home. She said it did not properly consider her medical evidence. She said the Occupational Therapist (OT) who assessed her was unprofessional and she found the assessment stressful.
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:
- we could not add to any previous investigation by the organisation, or
- we cannot achieve the outcome someone wants, or
- it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X applied for a disabled parking bay and the Council commissioned an OT to carry out an assessment.
- Ms X complained the OT who did the assessment was rude and did not properly consider her medical evidence.
- The Council reviewed Ms X’s complaint and upheld it. It accepted fault and apologised to her. It offered a new assessment to address any issues with the previous OT assessment. It said Ms X could also submit more evidence to support her new application.
- We will not investigate this complaint because we could not add to any previous investigation by the Council. The Council has already accepted fault. It has remedied the injustice to Ms X by apologising and offering her a new assessment. I appreciate Ms X may be left with uncertainty and a delay whilst waiting for the outcome of the new assessment, but I am satisfied the Council has remedied any remaining injustice there may have been through its actions.
- Ms X now wants the Council to accept further evidence without requiring her to have a new assessment. We cannot tell the Council to do this. Therefore, an investigation could not lead to the outcome Ms X seeks and under the circumstances it would be reasonable to allow the Council to review its decision and it is open to Ms X to decide if she agrees.
Final decision
- We will not investigate Ms X’s complaint because the Council has already upheld her complaint and remedied the injustice to Ms X by apologising and offering her a new disabled parking bay assessment. An investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman