Summary: We will not investigate this complaint about the Council’s decision not to give the complainant a Blue Badge. This is because the Council has offered to reconsider the application and carry out a face-to-face mobility assessment.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to give her a Blue Badge.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 the Council has offered a fair remedy. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes an offer by the Council to do a mobility assessment. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

4. Ms X applied for a Blue Badge. Due to the pandemic the Council did not do an in-person mobility assessment but assessed the application on written information. The Council decided Ms X does not qualify for a badge.
5. Ms X disagrees with the decision. The Council has offered to re-consider the application and do a face-to-face mobility assessment. The Council hopes to reinstate in-person assessments soon.
6. Ms X says she will go to court because the Council has discriminated against her. Ms X has not said she will accept the Council’s offer of another assessment.
7. I will not start an investigation because the Council has offered to reassess the application. This is a fair way to settle the complaint. We have no power to award a badge and cannot decide if someone is entitled to a badge. A face-to-face assessment will give the Council the chance to do a more detailed assessment of Ms X’s mobility and whether she qualifies for a badge. If, after the mobility assessment, the Council again decides Ms X does not qualify, then she could make a new complaint to us. However, it is for the Council, not us, to decide if Ms X qualifies for a Blue Badge.

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Final decision

8. I will not investigate this complaint because the Council has offered to do a face-to-face mobility assessment.

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Investigator's decision on behalf of the Ombudsman