Devon County Council (23 014 603)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 09 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her blue badge application. This is because there is insufficient evidence of fault. In addition, the Council has offered a reasonable resolution.
The complaint
- Mrs X complains about the Council’s decision to refuse her blue badge application.
The Ombudsman’s role and powers
- 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 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X applied for a blue badge in August 2023. The Council completed an in-person assessment, but the Council declined her application as she did not meet the score required to suggest eligibility.
- Mrs X appealed in September 2023. The Council said Mrs X’s appeal focused on her not being able to open the door wide enough to get in and out of her car. The Council said this did not fall within the eligibility criteria for a blue badge. The Council completed a telephone assessment and again declined Mrs X’s application.
- Since the appeal, Mrs X has had a change of circumstances and obtained new medical information. The Council confirmed Mrs X can make a new application given this.
- An investigation is not justified as we are unlikely to find fault. This is because the evidence suggests the Council has considered all relevant information and followed the correct process before making its decision.
- Even if we were to find fault, we would not investigate. This is because the Council has offered a reasonable resolution by asking Mrs X to submit a new application. This will allow the Council to consider her new circumstances and medical information.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient evidence of fault. In addition, the Council has offered a reasonable resolution.
Investigator's decision on behalf of the Ombudsman