The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice issued to a blue badge holder. This is because the complainant appealed to the tribunal.
The complaint
The complainant, Ms X, complains about a Penalty Charge Notice (PCN). She says she was allowed to stop because she has a blue badge and says the Authority has breached the Disability Discrimination Act.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Ms X. I also read the tribunal decision and information about red routes and where blue badge holders cannot park. I also considered our Assessment Code.
My assessment
The Authority issued a PCN for stopping on a red route, in a loading bay, at a time when restrictions applied.
The blue badge rules say badge holders cannot usually park in loading bays outside the permitted times.
The Authority makes provision for blue badge parking on red routes, at specific times and locations, as indicated by signs.
Ms X appealed to the tribunal. She said the Authority’s response constituted discrimination under the Disability Discrimination Act.
The tribunal adjudicator dismissed the appeal and directed Ms X to pay the fine. He confirmed there is no exemption for blue badge holders to stop at that location at that time. Ms X sought a review of the tribunal decision but this was refused.
The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. Ms X appealed to the tribunal against the PCN, and raised a claim of discrimination, which means we have no power to investigate any part of the complaint. This restriction applies even though Ms X continues to dispute the PCN.
Final decision
We cannot investigate this complaint because Ms X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman