Summary: We will not investigate this complaint about the Council’s decision that the complainant is not entitled to a Blue Badge. This is because the Council has agreed to do a mobility assessment and there is nothing more we could achieve as an outcome.

The complaint

1. The complainant, whom I refer to as Ms X, disagrees with the Council’s decision not to issue her with 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, or
• further investigation would not lead to a different outcome.

(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 Ms X’s Blue Badge application and medical evidence. I also considered our Assessment Code.

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My assessment

4. The Council considered Ms X’s application for a Blue Badge but decided she does not qualify. The Council did not carry out a mobility assessment as part of its consideration of the application.
5. The Council has agreed to do a mobility assessment and reconsider the application. This is not a guarantee the Council will award a badge as it may still conclude that Ms X does not qualify. But, it is a fair way to settle the complaint as it means the Council will have more evidence on which to base its decision and we have no power to award a badge.

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Final decision

6. I will not investigate this complaint because the Council has agreed to do a mobility assessment and there is nothing more we could achieve as an outcome.

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Investigator's decision on behalf of the Ombudsman