Summary: We will not investigate this complaint about the removal of a disabled parking bay. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council removed a disabled parking bay. Ms X would like the Council to restore it.

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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 by Ms X. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Blue Badge holders can apply for an advisory disabled parking bay. The Council will not approve an application if the applicant has access to off-street parking. The rules are explained on the Council’s website. An advisory parking bay cannot be enforced and people without a badge can park in the bay without facing enforcement action.
5. Ms X applied for a disabled parking bay. Ms X and a person she lives with (Mrs A) both have Blue Badges. Ms X has access to two off-street parking places. Ms X’s road has parking bays for use by residents with permits. Ms X can park in a bay, without buying a permit, providing she displays a Blue Badge.
6. The Council approved the application because it did not identify that Ms X has off-street parking. A few weeks later the Council became aware of her off-street parking. It visited and discussed the situation with Ms X; Ms X reported she regularly uses one of the parking spaces. The Council then removed the bay.
7. Ms X says they need to park close to the house due to their medical conditions. Ms X also says the parking bays near their home are usually occupied.
8. In response to Ms X’s complaint, the Council explained it must apply the rules consistently and it does not authorise disabled parking bays when the person has off-street parking. It explained the area has limited parking and it must ensure there is adequate parking available for use by permit holders.
9. The Council accepted it approved the bay in error but said it must remove it to correct the error. The Council agreed the off-street parking rule is not referred to in the application form and said it would amend the form.
10. The Council suggested ways Ms X and Mrs A could manage the situation. It made suggestions regarding using the general parking bays or parking on the yellow lines near their home (displaying a badge). It advised Ms X to contact the disabled adaptations team so officers can consider possible adaptations both inside and outside the property.
11. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X has access to off-street parking so is not eligible for a disabled bay. For this reason, there is no suggestion of fault in the Council’s decision to remove the bay. There was an initial error by the Council in approving the bay but, equally, Ms X had not noticed from the website the rules regarding access to off-street parking.
12. There is no provision in the policy for the Council to disregard off-street parking in some circumstances. However, officers visited before removing the bay, spoke to Ms X, considered the medical circumstances and made suggestions to try to assist with the difficulties Ms X had reported. This shows the Council considered Ms X’s and Mrs A’s circumstances before removing the bay.
13. Ms X has explained why she would like the Council to reinstate the bay but, other than the initial approval, there is nothing to suggest fault by the Council so there is no reason for us to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disputes.

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Final decision

14. 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