Essex County Council (21 003 952)

Category : Adult care services > Transport

Decision : Closed after initial enquiries

Decision date : 08 Sep 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the complainant’s application for a Blue Badge. This is because there is insufficient evidence of fault by the Council.

The complaint

  1. The complainant, whom I refer to as Mr X, complains the Council has not given him a Blue Badge even though he knows he is entitled to one.

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The Ombudsman’s role and powers

  1. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by Mr X and the Council. This includes Mr X’s application from 2019 and a letter from his psychologist from 2011. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

  1. Some people with a hidden disability, for example autism, might qualify for a Blue Badge. Not everyone with a hidden disability will qualify. They may qualify if they have considerable difficulty in walking and this can include feeling considerable psychological distress when walking.
  2. Mr X applied for a Blue Badge in 2019; he has made further applications this year. The Council has not been able to fully assess any of the applications because Mr X has not provided all the required information. For example, he did not provide proof of address in 2019 and the Council has never received the completed hidden disability form from Mr X’s psychologist.
  3. The Council explained to Mr X that having trouble parking in a small place, which is why Mr X said he needed a badge, is not a qualifying condition for a Blue Badge.
  4. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because Mr X has not provided all the information the Council needs to assess the application. The Council will assess an application if Mr X provides all the relevant information. The Council will then decide if Mr X qualifies for a Blue Badge.

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Final decision

  1. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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