Summary: We will not investigate this complaint about a blue badge application because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs Y complained the Council has wrongly refused her a blue badge, causing her inconvenience and distress.

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The Ombudsman’s role and powers

2. 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))
3. 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

4. I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y applied for a blue badge as she felt this would help her to feel less anxious when leaving her home due to her poor mental health. The Council considered Mrs Y’s mental health and her receipt of Personal Independence Payments (PIP).
6. The Council recorded its reasoning, that Mrs Y was not on medication for her mental health and she had not provided evidence that her conditions caused her significant impairment with her cognitive ability or cause her a lack of danger awareness that may put her or others at risk. It also noted that Mrs Y did not have sufficient points for PIP descriptor E or supporting evidence to show, specifically “on the grounds that you are unable to undertake any journey because it would cause you overwhelming psychological distress”. Consequently, her application and appeal or a blue badge was refused.
7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
8. In this instance the Council has considered the information supplied by Mrs Y and has found, against the criteria set out by the Department of Transport, that she is not eligible for a blue badge. As the decision has been reached properly, there is not enough evidence of fault to justify investigating.

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Final decision

9. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman