Summary: We will not investigate Miss X’s complaint about the Council’s decision to refuse her blue badge application, and its decision remaining the same after she provided more evidence with her appeal. There is not enough evidence of fault in the Council’s decision-making process to warrant us investigating.

The complaint

1. Miss X applied to the Council for a blue badge, to allow her to use parking spaces closer to her destinations. She complains the Council:
1. incorrectly declined her blue badge application;
2. asked for more medical information but refused her appeal using the same reasons as before.
2. Miss X says it is distressing to have her lifelong medical conditions. She says the Council not helping her by issuing a blue badge puts stress on her which worsens her conditions and their symptoms. She wants the Council to review properly the information she sent them for the application and appeal, and recognise she needs a blue badge to help her access the community.

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The Ombudsman’s role and powers

3. We investigate 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information from Miss X and the Council, relevant government guidance, and the Ombudsman’s Assessment Code.

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My assessment

6. We are not an appeal body. This means we may only criticise a council’s decision where there is evidence of fault in its decision-making process and but for that fault officers would have made a different decision. So we consider the processes councils have followed to make their decisions. We cannot replace a council’s decision with our own or someone else’s opinion if the decision has been reached after following the proper process.
7. The Council did paper-based and in-person assessments to decide Miss X’s blue badge application and appeal. Officers assessed the information on her conditions and the medications and treatments she receives for them. They considered Miss X’s walking ability against the blue badge criteria. They noted Miss X’s procedures and treatment for the conditions affecting her mobility. The Council decided Miss X’s mobility and ability to access the community was not sufficiently affected by her conditions and symptoms for her to qualify for a badge under the blue badge criteria. They also considered they could not determine her conditions would affect her to the substantial eligibility level required for the three‑year duration of a blue badge, due to ongoing medical treatments and procedures.
8. Miss X says the Council’s refusal decision reasons did not change between its initial refusal and after she sent further medical information. The Council received and considered that information against the blue badge eligibility criteria but officers determined it did not alter their original decision. Their decision reasons not changing does not show officers did not properly consider all of Miss X’s documents, including the further information she sent. Officers’ decision remaining unchanged was one possible outcome of the appeal process.
9. Officers based their decision on Miss X’s application, the documents she provided, and the information they gathered from the in-person assessment. They applied the relevant tests and criteria from national government blue badge guidance to that information to make their decision. There is not enough evidence of fault in the Council’s decision-making processes here to warrant us investigating. We realise Miss X disagrees with the Council’s decision. But it is not fault for a council to properly make a decision with which someone disagrees.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s decision-making process to warrant us investigating.

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Investigator's decision on behalf of the Ombudsman