Summary: We will not investigate this complaint about the Council’s failure to remove a disabled parking bay which Mr X says is unnecessary and is being abused by the household who use it. There is insufficient evidence of fault which has caused any significant injustice to Mr X.

The complaint

1. Mr X complained about the Council’s refusal to remove a disabled parking bay near his home. He says he was told previously that the bay was on a list for removal in future but the Council now says it will not remove the bay. He says he struggles to park near his home when the bay is in use causing other cars to be parked near his home.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation.

(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 the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he asked the Council to remove an advisory disabled parking bay from his street because his neighbours do not require it and they use it for unauthorised parking which causes parking issues on the street. He says the Council told him in 2025 that the bay would be added to a list and any necessary works would be issued accordingly. When he complained in 2026 that no action had been taken the Council told him that the householders had applied to have the disabled bay to be retained and it had accepted the application.
6. The Council says the residents have bene granted permission to retain the disabled bay since Mr X made his original request for it to be removed. The Council is the highway authority and it has discretion to decide if bays should be provided or removed.
7. Mr X says the bay affects his ability to park near his home. There is no right to park on the street in Britain and parking is only possible where restrictions are not in place. Any taxed vehicle can be parked in an unrestricted area regardless of residency. Advisory disabled parking bays are not dedicated to a particular blue badge holder and anyone with the badge may park in an advisory bay. The Council’s decision to retain the bay does not cause any significant to Mr X because he can park anywhere within the remaining unrestricted area.

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Final decision

8. We will not investigate this complaint about the Council’s failure to remove a disabled parking bay which Mr X says is unnecessary and is being abused by the household who use it. There is insufficient evidence of fault which has caused any significant injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman