Summary: We will not investigate this complaint about advisory disabled parking bays because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council will not designate a disabled parking bay for her sole use and does not issue fines to drivers who park in the bays without displaying a blue badge.

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The Ombudsman’s role and powers

2. 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 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))

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How I considered this complaint

3. I considered information provided Mrs X and the Council. This includes the complaint correspondence and information about an unsuccessful application for a bay in 2020. I also considered our Assessment Code.

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My assessment

4. The Council provides advisory disabled parking bays. These bays are intended for use by any blue badge holder but, because they are advisory, the Council cannot take enforcement action if a driver parks without showing a badge. The bays are not for the sole use of a named blue badge holder.
5. To qualify for a bay the applicant must not have access to off-street parking.
6. Mrs X applied for a bay in 2020. The Council refused the application because her home has off-street parking. Mrs X says she cannot park on the drive because a relative parks there. The rules do not provide an exception for people who say they cannot use their off-street parking.
7. More recently Mrs X became aware of two disabled bays in her road that are no longer needed. She asked the Council to designate one of the bays for her sole use. She complained the Council does not issue fines to people who park in the bays without a badge.
8. The Council confirmed Mrs X is not eligible for a bay because she has access to off-street parking. It explained the bays are advisory and can be used by any badge holder; it said Mrs X can park in a bay if one is free. The Council said the bays are not enforceable so it cannot issue a fine if someone parks in a bay without a badge.
9. Mrs X has explained why she would benefit from a bay which is reserved for her and I appreciate she may feel annoyed if people park in a bay without a badge. However, I see no suggestion of fault in the Council’s response and no evidence of degrading treatment as Mrs X has alleged. The Council correctly explained why Mrs X does not qualify for a bay and, even if she qualified, it would not be for her sole use. Further, the Council explained why it cannot reserve one of the existing bays for Mrs X’s use and explained why it cannot issue fines to drivers who park in a bay without a badge.
10. I appreciate Mrs X disagrees with the Council’s response but there is no indication of fault and no reason to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman