The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s refusal to allow a disabled bay outside Miss X’s home. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Council’s refusal to provide a disabled parking bay outside her home since she applied in 2018. She says she meets the disability requirements for the bay under the Blue Badge scheme.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says she needs a disabled parking bay because she uses a wheelchair and is unable to leave her home for any time without her mother being able to park nearby. She applied for a disabled parking bay to be created outside her home in 2018 but the Council refused this. It told her and her Member of Parliament at the time that there is insufficient space for the safe passage of traffic outside her home.
The Council also advised her that although she meets the disability criteria, she does not drive herself and any use of the bay other than to collect her and drop her off would be a criminal offence. She was advised on 18 August 2018 following involvement of her MP to complain to us if she remained dissatisfied. She made a further complaint to the Council via a new MP in 2020 but the response remained the same because the circumstances were unchanged.
We will not exercise discretion to investigate this complaint now. It is clear she was advised to complaint to us in 2018 and 2020 but did not do so until 2022. There is no evidence to suggest that Miss X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s refusal to allow a disabled bay outside Miss X’s home. The complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman