Welwyn Hatfield Borough Council did not take into account its legal duties to people with disabilities when it introduced car parking charges for blue badge holders.

Welwyn Hatfield Borough Council did not take into account its legal duties to people with disabilities when it introduced car parking charges for blue badge holders, finds Local Government Ombudsman, Anne Seex. In her report, issued today (1 June 2011) she says that the Council’s duties under the Disability Discrimination Act 2005 (DDA) were not brought to the attention of decision makers, who had insufficient information about the likely impact on people with disabilities, and there is no evidence that they were properly considered.

‘Mrs W’ is in her 70s and has mobility problems that cause her to take longer than other car park users to undertake day-to-day tasks such as shopping. As a blue badge holder, she was previously entitled to free use of an off-street car park. In April 2010, as part of the budgetary process and linked to the transfer of its car parks to a contractor, the Council introduced charges for blue badge holders. She considers that the charge will mean she pays more than she would do if she was not disabled.

The Ombudsman concludes that Mrs W has lost a benefit as a result of the Council making its decision without taking account of all relevant factors, and recommends that the Council:

• retakes its decision and ensures that it has due regard to its duties in future, and
• apologises to Mrs W and pays her £100 for her time and trouble in pursuing her complaint.

For legal reasons, the names used in the report are not the real ones.

Report ref no 10 001 961

Article date: 01 June 2011