London Borough of Islington (21 012 075)

Category : Adult care services > Transport

Decision : Closed after initial enquiries

Decision date : 27 Jan 2022

The Ombudsman's final decision:

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

The complaint

  1. The complainant, whom I refer to as Ms X, complains about the way the Council handled her application for a Blue Badge and a taxi card. She says she did not receive a decision letter and there was no appeals process. She also says officers have been rude and discriminatory. Ms X wants a badge, taxi card and compensation.

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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 Ms X and the Council. I also considered our Assessment Code and comments and documents Ms X provided in reply to a draft of this decision.

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My assessment

  1. The Council received a taxi card application in April 2021. It decided the medical evidence Ms X had provided did not show she was entitled. In June the Council sent Ms X a decision refusing the application. It also sent an appeal form. Ms X did not appeal but contacted her MP in October after receiving a letter about changes to the taxi card scheme that had been sent in error. The Council reviewed the application in November and awarded a taxi card.
  2. Ms X applied for a Blue Badge in January 2021. In February the Council asked Ms X to provide additional information. The Council received the information it needed to assess the application in November. It passed the case to an expert assessor and in January the Council awarded a Blue Badge.
  3. Ms X complained to the Council that staff had been rude. The Council apologised because Ms X felt she had been badly treated but said it could not comment further because Ms X was unable to provide any specific information about who had been rude. The Council reminded staff of the levels of service they are expected to provide and assured Ms X she was not being singled out.
  4. I will not investigate the complaint about the taxi card because there is insufficient evidence of fault by the Council. The Council invited Ms X to appeal in June but Ms X did not submit an appeal. Ms X says she did appeal but I have checked with the Council and it has no record of an appeal. The Council reviewed, and then awarded a taxi card, after Ms X contacted her MP in October. The Council might have awarded the card sooner if Ms X had appealed in June.
  5. I will not investigate the complaint about the Blue Badge because the Council did not receive the information it needed until November. Although Ms X provided some evidence earlier it was not sufficient for the Council to assess the claim. Ms X says the Council should have accepted evidence from her GP but the guidance says councils should not reply on GP evidence. Ms X has complained about the appeals process but as the Council had not refused the application there was nothing for Ms X to appeal.
  6. I will not investigate the complaint that officers have been rude because the Council has provided an appropriate response to the information Ms X was able to provide. I have not seen anything to suggest we need to start an investigation.

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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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